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Kerala High Court upholds Section 489A IPC conviction of man in “irregular” interfaith marriage

In the present case, the interfaith couple had married in October 2000.

According to the prosecution, the woman was subjected to physical and mental cruelty in connection with a demand for dowry. She later consumed acid and subsequently died in May 2002.

Following her death, the victim’s stepfather registered a complaint with the Police. The case was investigated under Section 304B (dowry death) of the IPC and a chargesheet was filed against the husband.

However, the trial court after questioning the accused and considering the evidence on record found that the accused may have also committed the offences under Section 498A and Section 306 (abetment to suicide) of the IPC.

Following the trial, the man was acquitted of the charges for dowry death and abetment to suicide. However, he was convicted under Section 498A IPC and sentenced to three years of rigorous imprisonment.

Challenging the trial court verdict, the accused husband argued that there was an unexplained delay in registering the first information report (FIR) and that the prosecution had not presented any evidence to prove a valid marriage between the accused and the victim.

Source: Barandbench

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