"Offences Are Personal To Them': SC Acquits Man Accused Of Stalking & Intimidating Woman After They Married Each Other
The Supreme Court acquitted an accused of charges under 354D and 509 IPC after his marriage with the complainant, observing that the offences are personal to the accused and the complainant.
The Court stated that their marriage with each other during the pendency of the appeal gives rise to a reasonable belief on existence of some kind of relationship even when offence was alleged.
The bench comprising Justice B R Gavai and Justice Sandeep Mehta observed, “The offences under Section 354D IPC and Section 506 IPC are personal to the complainant and the accused-appellant. The fact that the appellant and the complainant have married each other during the pendency of this 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.”
In the present case, the appellant was acquitted by the trial Court for the offences under Section 11 read with Section 12 of the Protection of Children from Sexual Offences Act, 2012 but at the same time, convicted and sentenced for offences under Sections 354D and 506-Part I IPC.
The appellant approached the High Court to assail the trial Court order which partly allowed his appeal upholding his conviction for offences under Sections 354D and 506-Part I of the IPC but reducing the sentence of imprisonment for both offences to three months.
The Court stated that 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 of the accused appellant being sent to jail which in turn could put his matrimonial relationship with the complainant in danger.
Consequently, the Court quashed and set aside the impugned judgment of the High Court and judgment of the trial Court.
Cause Title: Dasari Srikanth v. State of Telangana