Citing SC ruling, HC sets aside conviction of man for adultery

Source: The Hitavada      Date: 24 Dec 2018 10:09:18


Staff Reporter,

The recent judgement of Apex Court quashing section 497 of Indian Penal Code punishing a man for adultery, saved a man from Bhiwapur convicted by trial court for adultery on the complaint of an aggrieved hubby. The High Court while taking notice of the ruling of the Supreme Court, quashed and set aside the judgement punishing the man for adultery.

The JMFC Court in Bhiwapur on May 22, 2015 had convicted appellant-accused for adultery on the complaint of husband who charged the accused with having illegitimate sexual relations with his wife. Evidence was adduced before the JMFC, , Bhiwapur, after framing charge. The Magistrate came to conclusion that charge was proved against the accused and, therefore, convicted him for six months for committing adultery and also imposed a fine of Rs 1500.

The judgment was challenged before the Additional Sessions Judge­1, Nagpur. But the appeal was dismissed on January 2, 2018 and judgement of JMFC was confirmed. Aggrieved by his conviction, the accused knocked the doors of High Court. According to applicant, after the Apex Court has struck down Section 497 of the Indian Penal Code, his conviction should be set aside.

Citing another judgement of the Supreme Court, the counsels for the applicant claimed that such a ruling striking down a penal provision, would have a retrospective effect  Justice M G Giratkar while concurring with this submission noted that as per ruling of Supreme Court in Maj. General A S Gauraya and others Vs S N Thakur, law laid down by the Apex Court applies to all pending proceedings even with retrospective effect.

In view of decision of top court that adultery would no more be a penal offence, the High Court quashed and set aside punishment awarded by Bhiwapur court which was confirmed by Sessions Court.  Adv Aniruddha Chaube and Adv Rajendra Daga appeared for the applicant. Adv N K Subhedar (complainant) and APP Charuhas Lokhande (State) represented respondents.