Cruelty to Wife--Unlawful Demand--General and Omnibus Allegations Without Specific Instances of Torture or Unlawful Demand Cannot Sustain Conviction
General and omnibus allegations of torture or cruelty without specific instances, particular dates, or definite persons attributed cannot sustain a conviction under Section 498-A of the Indian Penal Code, 1860. To attract cruelty under Explanation (a), there must be evidence of wilful conduct driving the wife to suicide; under Explanation (b), a specific unlawful demand must be established. Unverified, undated letters where authorship has not been proved by handwriting examination carry no evidentiary value. Inconsistencies in witness testimony regarding mediation proceedings further weaken the prosecution case.
LOGIN TO READCaseLawToday.com is powered by M/s Law Herald Infotech