The Bombay High Court recently ruled that taunting a wife about her complexion would not amount to cruelty under Section 498A of the Indian Penal Code (IPC) [Sadashiv Parbati Rupnawar v The State of Maharashtra] .Justice SM Modak gave the finding in a judgement passed on July 11 while dealing with a case of a husband who was convicted for abetting the suicide of his wife and committing cruelty against her. Finding that there was not sufficient evidence to support the conviction, the Court set aside the trial court decision passed in the case in 1995. “In all prosecution examined five witnesses. There are certain admitted documents. They are evidence and documents. With their assistance, I find that the conviction is not supported by the evidence. On record, though Prema was being taunted on account of her complexion, I do not think that it will fall within the explanation to Section 498-A of the Indian Penal Code. Even conviction for the offence punishable under Section 306 of the Indian Penal Code cannot be sustained, because the prosecution could not prove the suicide being the outcome of the harassment,” the Court ruled..The couple had married in 1993; the wife committed suicide in 1995. The police later chargesheeted husband and father-in-law. However, the father-in-law was acquitted by the trial court.One of the witnesses had said that the wife was harassed for her dark complexion and not preparing food properly.Considering the husband’s challenge against his conviction and 5-year sentence, the High Court said the quarrels in the present case cannot be said to be of such a high degree so as to compel the woman to commit suicide. “I have read the judgment of the trial Court. The trial Court is fully aware about the Explanation-(a) to Section 498-A:- The willful conduct must be of a high degree; however, when the evidence of the three witnesses are considered by the trial Court, there is no finding that the harassment is of high degree. There cannot be such a finding simply for the reason that even if the reasons for harassment are admitted, no case will fall under Section 498-A of the Indian Penal Code. The findings need to be set aside,” the Court ruled..Advocate Nasreen SK Ayubi represented the accused. Advocate RS Tendulkar represented the prosecution.[Read Judgment]
