Crl. A. No.5203/2024
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.5203 OF 2024
(arising out of SLP(CRL.) NO.17516 OF 2024
(@ Diary No.24004 of 2024)
SUMER KANWAR ..... APPELLANT(S)
VERSUS
STATE OF RAJASTHAN & ORS. ..... RESPONDENT(S)
O R D E R
Delay condoned.
2. Leave granted.
3. The High Court in the impugned judgment observes that Sections
107, 108, 109, 110, 111 and 114 of the Indian Penal Code,
1860,1 are not attracted in cases where offence(s) are
committed under Sections 494 and 495 of the Code. The High
Court’s observation that the offence is committed by the
principal offender(s), and no other person can be charged with
abetment etc., is clearly wrong and not supportable in view of
the above sections. We have elaborated on the provisions in
some detail below. However, ingredients of abetment etc., that
constitute the crime of abetment, should be satisfied.
1 For short, “the Code”.
1
Crl. A. No.5203/2024
4. The second observation of the High Court that the offence(s)
under Sections 494 and 495, being compoundable, are not
serious offence(s), is contrary to two direct judgments of
this Court. In Baba Natarajan Prasad v. M. Revathi,2 after
referring to the decision in Gopal Lal v. State of Rajasthan,3
it was observed that the prescribed punishment is imprisonment
which may extend from seven to ten years, with fine. In a case
of aggravated form of bigamy...