In the past, the judge also ruled that groping breasts of minor without removing her clothes isn’t a sexual offence and opening pant’s zip, holding minor’s hands also isn’t a sexual offence
Photo for representational purpose
Demanding money from wife is a “vague term” and can’t be harassment as per IPC’s Section 498A, the Nagpur bench of Bombay High Court ruled while acquitting a man who was accused of abetting wife’s suicide nine years after their marriage.
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“The evidence is with regard to 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 498-A of the IPC, isn’t made out,” justice Pushpa Ganediwala held, while allowing petitioner Prashant Jare’s appeal for acquittal, stated a report in The Times of India.
Relying on his conduct, Ganediwala inferred that he was more interested in wife’s company than her elimination. “From time to time, he brought her from her father’s place (after their fights) and also issued notices for restitution of conjugal rights. Moreover, he took her to hospital and refused to give her body to her father for the funeral. He himself performed it at his place,” she said.
The couple got married in 1995. On November 12, 2004, she died by suicide. The deceased’s father lodged a complaint at Darwha police station alleging that his daughter was harassed for not bringing money by the husband and in-laws for a few years. The Yavatmal sessions court convicted Jare on April 2, 2008, under Sections 306 for abetment to wife’s suicide and Section 498A of IPC for cruelty to wife. He was awarded three years behind bars for first offence and one year for the second, which he challenged in HC. His family members were acquitted by the court.
Justice Ganediwala pointed that their minor daughter deposed before the police that she was present in the house when the incident took place and Jare had beaten her mother and also forced her to consume poison. “However, the prosecution, surprisingly, registered the case as suicide,” she wrote in the judgment. “The general allegations of harassment aren’t sufficient to rope in the petitioner for offence of abetment to suicide. There is absolutely no material which could be pointed out by prosecution with regard to instigation by him to wife to commit suicide. Considering the conduct and nature of allegations against the petitioner and the fact that the similarly situated co-accused was acquitted of harassment charges under Section 498-A, in HC’s opinion, he also deserves to be acquitted,” she said.
Also Read: Bombay High Court: Unzipping pants, holding minor's hand not 'sexual assault'
Ganediwala’s recent verdicts courted controversies with the Supreme Court staying one and also withdrawing recommendation to the Centre the proposal of making her a permanent judge. She ruled that groping breasts of minor without removing her clothes isn’t a sexual offence. She then held that opening pant’s zip, holding minor’s hands and asking her to sleep in bed with him also isn’t a sexual offence.
In another case, she held that single man can’t rape a woman without scuffle. In all these cases, she acquitted the accused from POCSO charges.
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