SC comes to the rescue of a man convicted for cruelty by HC (NIMAY SAH v. STATE OF JHARKHAND) - Synopsis
Nilanjana Ganguly 9 Dec 2020

The Supreme Court, in the case NIMAY SAH v. STATE OF JHARKHAND, acquitted the man who was accused of cruelty under Section 498A of the IPC. The court did not find any substantial proof to show beyond a reasonable doubt that the man was genuinely liable.

Jharkhand HC affirmed the judgement of the trail court where the appellant was accused of cruelty under Section 498A of IPC. The appellant was the brother of the husband of the deceased. The convicted, along with his brother and aunt, was presented with a conviction. The convicted, along with his brother and father, faced criticism.

The court noted that at the time of vidai ceremony, the position of the appellant is limited to the appeal for dowry of Rs. 10,000/- and subsequently, harassment on non-payment of the same. Having reviewed the facts submitted by the court, it was of the opinion that the components of Section 498A of IPC were not defined by the prosecution at the level of beyond reasonable doubt against the appellant. Although acquitting the appellant, the court eventually said that it should be noted that apart from these vague allegations, none of these witnesses have pointed out any specific instance of hostile attitude or persistent dowry demands. Thus the SC set aside the HC's order of conviction.


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