Facts
The complainant alleged that the appellant had threatened to kill her if she disclosed her pregnancy to anyone
Source reference: para. 2She later married another person, gave birth to a child, and lodged the FIR after the appellant refused to keep her and the child
Source reference: para. 2The trial court acquitted the appellant of the charges under Sections 450 and 376(1) IPC but convicted him under Section 506-B IPC
Source reference: para. 1He appealed against that conviction
Source reference: para. 5Issues
Whether the conviction and sentence under Section 506-B IPC were sustainable on the evidence on record?
Source reference: para. 9Law Applied
The Court considered the offence charged under Section 506-B of the Indian Penal Code
Source reference: paras. 1, 9It applied the evidentiary principle that a conviction must rest on evidence sufficiently safe and reliable to sustain it; the Court identified no statutory test or precedent beyond its assessment of the complainant’s testimony
Source reference: para. 12Reasoning
The complainant testified that the appellant had threatened to kill her if she disclosed her pregnancy
Source reference: para. 10In cross-examination, however, she admitted that she had not disclosed the pregnancy or the alleged incident to anyone, including at the time of her marriage, and that she reported the matter only after the appellant refused to keep her and the child
Source reference: para. 11Considering these admissions, the Court held that her evidence did not provide a safe and reliable basis for conviction under Section 506-B IPC
Source reference: para. 12Holding
The Court allowed the appeal, set aside the conviction and sentence under Section 506-B IPC, and acquitted the appellant of that charge
Acts & Sections Cited
4 provisions across 2 statutes referred to in this judgment. Each provision opens on LawLens.
Indian Penal Code, 18603
Code of Criminal Procedure, 19731
Original Court PDF
DEVENTDRA KUMARvsSTATE OF CHHATTISGARH
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in
