BABA NATARAJAN PRASAD VERSUS M. REVATHI, 2024 (SC) 474

BABA NATARAJAN PRASAD VERSUS M. REVATHI, 2024 (SC) 474

FACTS: The appellant, the husband of the respondent in the former appeal, filed a private complaint under Section 200 of the Cr.P.C. against the respondent (his wife) and another individual, alleging that the wife committed bigamy by marrying the second individual while their divorce proceedings were pending. A child was born from this second marriage. The trial court acquitted the wife's parents (accused Nos. 3 and 4) but convicted the wife and the second individual (accused Nos. 1 and 2) under Section 494 IPC, sentencing them to one year of rigorous imprisonment each, with a fine of Rs. 2,000/- each, and an additional three months' imprisonment in default. The wife and the second individual appealed their convictions, while the appellant appealed against the acquittal of the wife’s parents and sought a harsher sentence for the wife and second individual. On 19.04.2021, the Additional District and Sessions Judge-III, Coimbatore, dismissed the appellant's appeals and acquitted the wife and the second individual. The appellant then filed further appeals challenging these decisions and seeking both the reversal of the acquittals and enhancement of the sentence.

ISSUE: What should be the proportion of punishment regarding the gravity of the offence under Section 494 IPC?

OBSERVATION: The Supreme Court noted that, despite the absence of a minimum sentence for Section 494 IPC, sentencing must adhere to the principle of proportionality. The sentence should reflect the gravity of the offence. While judicial discretion in sentencing exists, it must align with the seriousness of the crime. The Court highlighted the importance of proportionality in sentencing, though it acknowledged the special circumstance of a child being born from the bigamous marriage. Consequently, the Court ordered that the accused serve the remaining sentence separately.