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NAGPUR: Demanding cash from the spouse is a “vague term” and might’t be thought-about harassment as per Section 498A of the IPC, the Nagpur bench of Bombay excessive court docket has dominated whereas acquitting a person who was accused of abetting spouse’s suicide 9 years after their marriage.
“The evidence is with regard to a quarrel between husband and wife where he used to beat her for money. The demand of money is a vague term and in absence of other particulars to establish the link, the offence of harassment, as contemplated under Section 498A, isn’t made out,” Justice Pushpa Ganediwala mentioned whereas permitting petitioner Prashant Jare’s attraction for acquittal earlier this month.
Relying on his conduct, Justice Ganediwala inferred that he was extra desirous about his spouse’s firm than letting go of her. “From time to time, he brought her back from her father’s place (after their fights) and also issued notices for restitution of conjugal rights. Moreover, he took her to the hospital and refused to hand over her body to her father for the funeral,” she mentioned.
Justice Ganediwala’s latest verdicts have courted controversy with the Supreme Court staying one of many orders and in addition withdrawing advice to the Centre, proposing her elevation as a everlasting choose.
She had dominated that groping breasts of minor with out eradicating her garments isn’t a sexual offence. She then held that opening the zip of pants by a person in entrance of a minor, holding her fingers and asking her to sleep in mattress with him additionally didn’t quantity to sexual offence. In one other case, she held man on his personal can not rape a lady with none scuffle. In all these circumstances, she acquitted the accused from prices framed beneath the Pocso Act.
The marriage between the couple was solemnized in 1995. However, she died by suicide on November 12, 2004. The deceased’s father lodged a criticism at Darwha police station alleging that his daughter was harassed by the husband and in-laws for not getting dowry.
The Yavatmal classes court docket convicted Jare on April 2, 2008, beneath Sections 306 (abetment to suicide) and 498A (husband or relative of husband of a lady subjecting her to cruelty) of IPC. He was awarded three years behind bars for the primary offence and one yr for the second, which he challenged within the HC.
His relations had been acquitted by the court docket. Justice Ganediwala identified that their minor daughter deposed earlier than police that she was current when the incident befell and Jare had crushed her mom and in addition pressured her to devour poison. “However, the prosecution, surprisingly, registered the case as suicide,” she wrote within the order.


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