The High Court at Aurangabad dismissed the State's leave to appeal and special leave petition. The court held the lower court's facts were not perverse and noted lack of proof for cruelty under Section 498-A IPC sufficient to drive the victim to suicide.
Application for leave to appeal and the appeal are dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Cr.appln.3665/12
- 1 -
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO.3665/2012
The State of Maharashtra.
...Applicant..
Versus
Kalpesh Kailash Rasoda & others.
...Respondents...
.....
Smt.V.A. Shinde, APP for applicant - State.
.....
CORAM: A.H. JOSHI &
U.D. SALVI, JJ.
DATE: 26.09.2012
ORDER :
1]Heard learned APP for the applicant - State.
Perused the judgment and notes of evidence.
2]Though the State has filed the application for leave
to appeal, the State is not in a position to come out of
two things as under:-
a]The death is either suicidal or accidental, but
not homicidal.
Cr.appln.3665/12
b]The ill-treatment of such a nature and extent
that thereby the victim would be driven to commit
suicide etc. as contemplated by Section 498-A of the
Indian Penal Code, is not proved.
3] In the aforesaid background, the judgment impugned
cannot be faulted with either as perverse or rendered
without considering the evidence on record. The appeal
has no merit. The application for leave to appeal and
the appeal are dismissed.
ndk/cr2691217
1 issue framed by the court
Whether the judgment impugned should be allowed when impugned judgment concludes the death was either suicidal or accidental and not homicidal.
The State of Maharashtra
Kalpesh Kailash Rasoda & others
A.H. JOSHI
U.D. SALVI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court