Kunwar Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 12498 MP

                                  1
               IN THE HIGH COURT OF MADHYA PRADESH
                            AT JABALPUR
                                 BEFORE
               HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
                      ON THE 19th OF SEPTEMBER, 2022

                  CRIMINAL APPEAL No. 1859 of 2000

         BETWEEN:-
         KUNWAR LAL S/O KISHAN GOND, AGED ABOUT
         35 YEARS, OCCUPATION CULTIVATOR, R/O
         HATHNAJHIRI P.S. JHALLAR DISTRICT BETUL
         (MADHYA PRADESH)

                                                               .....APPELLANT
         (NONE FOR THE APPELLANT)

         AND
         THE STATE OF MADHYA PRADESH (MADHYA
         PRADESH)

                                                             .....RESPONDENT
         (BY SHRI MANOJ KUSHWAHA, PANEL LAWYER )

       This appeal coming on for direction matters this day, the court passed
the following:
                                   ORDER

This appeal under Section 374 (2) of the Cr.P.C. has been filed against the judgment of conviction and order of sentence dated 26.06.2000 passed in

ST No. 85/1999 (State of MP Vs. Kunwar Lal) whereby appellant has been convicted for commission of offence under section 497 of IPC and has been sentenced to undergo R.I. for 3 years and fine of Rs. 500/- with default stipulation.

In case of Joseph Shine Vs. Union of India, (2019) 3 SCC 39, Hon'ble Apex Court has struck down Section 497 of IPC as unconstitutional being violative of Article 14, 15 and 21 of Constitution of India. As an offence

under Section 497 has been struck down being unconstitutional, conviction and sentence passed by the trial Court under Section 497 of IPC is not worth upholding as same is void ab initio.

Consequently, this appeal filed by the appellant Kurwar Lal is allowed and judgment of conviction and order of sentence dated 26.06.2000 passed by the ASJ Betual is set aside. Appellant Kurwar Lal is acquitted of offence under Section 497 of IPC as now same is not an offence in Indian Penal Code. His bail bond shall stand discharged.

Trial Court record along with a copy of the order be sent down to the Court concerned.

(DINESH KUMAR PALIWAL) JUDGE L.R.

Digitally signed by LALIT SINGH RANA Date: 2022.09.20 17:37:11 +05'30'