Section 498-A IPC is continuing offence; wife not barred to claim maintenance under DV Act even after 3 years Adultery scrapping case law given retrospective effect; conviction under Section 497 IPC set aside

Rupesh Vs Charandas and Anr

Bombay HC

14/12/2018

Crl. Revision Application No. 2 of 2018

About/from the judgment:

The High Court allowed revision petition and set aside appellant’s conviction under Section 497 IPC in light of Supreme Court decision in Joseph Shine v. Union of India, 2018 SCC OnLine SC 1676.

 

The applicant was alleged to have had sexual relations with complainant’s wife. He was tried and convicted by the trial court for committing the offence of adultery under Section 497 IPC. His appeal thereagainst before the Additional Session Judge was dismissed. Hence, then he filed the present application for revision. It was prayed that in light decision in Joseph Shine where Supreme Court had held Section 497 to be unconstitutional, the present application ought to be allowed.

 

The High Court relied on A.S. Gauraya v. S.N. Thakur, (1986) 2 SCC 709 wherein it was held that a law declared by Supreme Court applies even to pending proceedings with retrospective effect. Hence, the Court gave retrospective effect to the law laid down in Joseph Shine to the proceeding pending before it. The Supreme Court in Joseph Shine held Section 497 IPC and Section 198 (2) CrPC to be violative of Articles 14, 15(1) and 21 and therefore unconstitutional. Therefore, in view of Joseph Shine, the conviction and punishment awarded to the applicant under Section 497 was quashed and set aside.

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