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Judgment
Delay condoned.
Leave granted.
It appears that the appellant, although convicted under Section 498A IPC, has been acquitted under Sections 304B and 306 IPC. Further, on a required scrutiny of evidence on record, according to us, no case can be maintained under Section 498A IPC as well. The appellant is a Government servant and the sentence, which has been passed under Section 498A IPC, has already been served by him. In the given facts, the conviction under Section 498A of IPC is not maintainable. We, thus, set aside the order of conviction passed under Section 498A IPC against the appellant.
The appeal is thus allowed on the above terms.
However, we make it clear that this order would not entitle the appellant to allege malicious prosecution or lay any claim for compensation in any manner.
However, this would not stand in the way of the appellant to apply before the Government seeking restoration of his job where he has served, in accordance with law.