A single judge of AP High Court has set aside the 498A IPC conviction… one of the reasons being a Counterblast case.
From Para 23,
23) It is to be seen that, none of the witnesses clearly indicate as to when and also the nature of cruelty meted out to PW1. It is not as if A1 and PW1 lived only for a short period. The record shows that both of them lived together for more than three years. That being the position, some specific time period should have been mentioned with regard to the acts of harassment. Except saying that all the accused harassed, the evidence of PW1 to PW4 is silent as to the nature of harassment meted out to PW1. Whether it was beating or by any other method. The usage of word ‘harassed’ in loose manner, in my view, cannot be taken as amounting to cruelty, unless, the evidence disclosing the nature of the harassment falling within the meaning of cruelty as deposed in 498A IPC. Further, as observed earlier, the nature of harassment spoken to by PW1 to PW4 are inconsistent with each other. Each witness is improving the case. What is spoken to by one witness is not spoken to by another witness.
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