Indian Penal Code, 1860
Sections 354D & 506 Part I—Stalking and criminal intimidation—High Court reduced the sentences award to the accused appellant to three months on both counts—Appeal—Plea of marriage between appellant and complainant (victim)—Offences alleged are personal to complainant and appellant—Fact that appellant and complainant have married each other during the pendency of the present appeal gives rise to a reasonable belief that both were involved in some kind of relationship even when the offences alleged were said to have been committed—Since, the appellant and the complainant have married each other, the affirmation of the judgment rendered by the High Court would have the disastrous consequence on the accused appellant being sent to jail which in turn could put his matrimonial relationship with the complainant in danger—Fit case to exercise powers under Article 142 of the Constitution of India for quashing the conviction of appellant accused as recorded by trial court and modified by High Court—Impugned judgment passed by High Court and that of trial court are quashed and set aside—Appellant acquitted of charges—Appeal allowed.
[Paras 7 to 11]
Decision : Appeal allowed