Lawstreet Journal

Section 498A: Husband’s Late Night Shifts At Work And Absence From Dinners Not Cruelty: Bombay HC [Read Judgment]

Lawstreet Journal 25 Nov 2019 6:41pm

Image courtesy: Lawstreet Journal Judiciary Section 498A: Husband’s Late Night Shifts At Work And Absence From Dinners Not Cruelty: Bombay HC [Read Judgment]

The High Court of Bombay on November 13, 2019, in the case of State of Maharashtra v. Anil Kurkotti & Ors. acquitted Anil Kurkotti, a 35-year old man who was facing charges under Sections 498Aand 306 of the Indian Penal Code, 1860for cruelty and abetment to suicide respectively. The wife of the accused had committed suicide by hanging herself from a ceiling fan with a cotton rope after being married to the accused for about ten years.

A Single Judge Bench of Justice K.R. Shriram gave the ruling in an appeal filed by the Maharashtra State Government against the order of the trial court dated March 21, 1997, in which it had acquitted all the accused persons comprising of Anil, his brother and parents.

According to Section 113A of the Indian Evidence Act, 1872, there is a presumption of abetment of suicide against the in-laws of the deceased if the life of the marriage is seven years or less. This provision was heavily relied upon by the prosecution while arguing the matter. But based on the testimonies of all the parties the marriage appeared to have taken place in 1985 while the deceased committed suicide on September 23, 1995, making it clear that it had been about ten years to the marriage.

Noting discrepancies in the statements made by the father of the deceased who was not even sure of the date of the marriage the court clarified that most of the evidence produced by… Continue Reading...

Tagged: Bombay High Court  
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