In an important case (Pinakin Mahipatray Rawal v. State of Gujarat) where the question whether
‘extra-marital relationship’ could be considered as ‘cruelty’ under Section
498A of the Indian Penal Code, 1860 (“Penal Code”) had arisen, the Supreme Court of
India (“Supreme Court”) has answered the question in negative. The case
involved a situation where the deceased, wife of Accused-1 (“A-1”), had
committed suicide following an alleged extra-marital relationship between A-1
and his colleague, Accused 2 (“A-2”). On being tired by the lower court, A-1
was convicted under Section 498A and 306 of the Penal Code. While A-2 and A-3 (‘Mother
of A-1”) were acquitted of various alleged offences, A-1 was also acquitted of
offence under Section 304B.
 |
| (Image Source: Storyline Blog) |
Section 498A provides for the offence of cruelty by
the husband or his relatives and Section 306 of the Penal Code provides for the
offence of ‘Abetment of Suicide’. It was the case of the prosecution that the deceased
had taken the step of committing suicide because of the alleged extra-marital
relationship between A-1 and A-2. This relationship, according to the
prosecution, had amounted to cruelty under Section 498A of the Penal Code. Though
there was no evidence of any physical harm to the deceased, the prosecution
rested its case on the basis of mental cruelty, as can be derived from
explanation to Section 498A. With respect to the abetment of suicide, prosecution had
relied on Section 113A of the Indian Evidence Act, 1872 (“Evidence Act”) where
a presumption can be made that the husband or his relatives has abetted the
suicide if the same takes place within 7 years of marriage.
