Supreme Court of India
Modinsab Kasimsab Kanchagar v. State of Karnataka & Anr.
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What the Court ordered
In the result, we set aside the conviction of the appellant under Section 3048 IPC and the sentence thereunder but maintain the conviction of the appellant under Section 498A IPC and under the Dowry Prohibition Act, 1961.
Judgment, page 11
From the headnote
Penal Code, 1860: . . c ss. 304- and 498- - Demand from husband through wife (deceased) for repayment of society loan - Held: The demand was not in connection with dowry, therefore, provisions of s.304- were not attracted and appellant husband acquitted of the charge - But, there is clear evidence 0 establishing that deceased was subjected to harassment by her husband on account of her failure to meet the said unlawful demand - Therefore, conviction u/s 498- is maintained - Appellant sentenced for the period already undergone, which is approximately 2 years. Dowry Prohibition Act, 1961: ss.
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