Pinakin Mahipatray Rawal vs. State of Gujarat: Understanding Sexual Offence Through a Case Study
Pinakin Mahipatray Rawal v. State of Gujarat
1- Technical Points:
The Criminal Appeal No. 811 of 2004 was filed in The Supreme Court of India by the appellant.
Appellant - Pinakin Mahipatray Rawal
Respondent - State of Gujarat
Bench: K.S. Radhakrishanan J., & Pinaki Chandra Ghose J.
Judgment was delivered by Justice K.S. Radhakrishanan on September 09, 2013 unanimously. There was only one opinion contained in 29 paragraphs.
Name of Parties and their relationship:
A-1: Husband named Pinakin
A-2: lover of A1 named Priti Bhakt
A-3: Mother of A1
Deceased (wife): Jagruti
Sections Involved in the matter include 498A, 304-B and 306 of Indian Penal Code and section 113A of the Indian Evidence Act, 1872.
Trial Court Decision: The trial court a police charge sheet u/s 498A, 304-B and 306 IPC was taken under cognizance and eleven witnesses and twenty two documents were produced based on which court convicted A-1 for the offence punishable under Section 498A IPC and sentenced him to suffer RI for three years and to pay a fine of Rs.5,000/- and in default to undergo further RI for six months. A-1 was also convicted for offence punishable under Section 306 IPC and sentenced to suffer RI for 10 years and to pay a fine of Rs.5,000/- and in default to undergo further RI for six months. A-2 and A-3, the mother of A-1 were, however, acquitted of the various offences alleged against them. The trial Court also acquitted A-1 of the offence charged against him under Section 304-B IPC.
High Court Decision: On appeal by A-1, the High Court though confirmed the conviction, modified the sentence under Section 498A IPC to two years’ RI and a fine of Rs.2,500/- and in default to undergo further RI for six months, and for the offence under Section 306 IPC, the sentence was reduced to RI for five years and to pay a fine of Rs.5,000/- and in default to undergo RI for one year. It was ordered that the sentences would run concurrently.
Appeal in SC: Aggrieved by the judgment
1- Technical Points:
The Criminal Appeal No. 811 of 2004 was filed in The Supreme Court of India by the appellant.
Appellant - Pinakin Mahipatray Rawal
Respondent - State of Gujarat
Bench: K.S. Radhakrishanan J., & Pinaki Chandra Ghose J.
Judgment was delivered by Justice K.S. Radhakrishanan on September 09, 2013 unanimously. There was only one opinion contained in 29 paragraphs.
Name of Parties and their relationship:
A-1: Husband named Pinakin
A-2: lover of A1 named Priti Bhakt
A-3: Mother of A1
Deceased (wife): Jagruti
Sections Involved in the matter include 498A, 304-B and 306 of Indian Penal Code and section 113A of the Indian Evidence Act, 1872.
Trial Court Decision: The trial court a police charge sheet u/s 498A, 304-B and 306 IPC was taken under cognizance and eleven witnesses and twenty two documents were produced based on which court convicted A-1 for the offence punishable under Section 498A IPC and sentenced him to suffer RI for three years and to pay a fine of Rs.5,000/- and in default to undergo further RI for six months. A-1 was also convicted for offence punishable under Section 306 IPC and sentenced to suffer RI for 10 years and to pay a fine of Rs.5,000/- and in default to undergo further RI for six months. A-2 and A-3, the mother of A-1 were, however, acquitted of the various offences alleged against them. The trial Court also acquitted A-1 of the offence charged against him under Section 304-B IPC.
High Court Decision: On appeal by A-1, the High Court though confirmed the conviction, modified the sentence under Section 498A IPC to two years’ RI and a fine of Rs.2,500/- and in default to undergo further RI for six months, and for the offence under Section 306 IPC, the sentence was reduced to RI for five years and to pay a fine of Rs.5,000/- and in default to undergo RI for one year. It was ordered that the sentences would run concurrently.
Appeal in SC: Aggrieved by the judgment