Having heard learned counsel for both the parties and
having perused Section 497 of the Ranbir Penal Code, 1932,
applicable to the State of Jammu and Kashmir, we are of the
view that, given our judgment in Joseph Shine v. Union of
India (2019) 3 SCC 39, the pari materia provision contained
in Section 497 of the Ranbir Penal Code be also declared as
violative of Part III of the Constitution of India. The
sentence “In such case the wife shall be punishable as an
abettor”, which does not occur in Section 497 of the Indian
Penal Code, 1860, cannot stand by itself in view of the fact
that the expression used is ‘In such case’. The entire
Section is, therefore, declared to be unconstitutional. The
fact that this statement of law in the Ranbir Penal Code is
wife is concerned, of that contained in the Indian Penal
Code, 1860, is of no consequence.
We are, therefore, of the view that nothing survives
against the appellant on charges relatable to Section 497
Penal Code. So far as Section 63 of the Army Act, 1950, is
concerned, the appellant has already been acquitted, subject
to confirmation. The Armed Forces Tribunal judgment dated
08.01.2019 is, therefore, set aside. The appeal stands
allowed.
However, it is made clear that the confirmation
proceedings, so far as the offence under Section 63 of the
Army Act, 1950, is concerned, may go on and reach its
logical conclusion.
New Delhi;
August 02, 2019.
Civil Appeal No. 3204/2019
COL. RAJNISH BHANDARI, VSM Appellant(s)
VERSUS
UNION OF INDIA & ORS. Respondent(s)
(With IA No.40443/2019-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.40445/2019-EX-PARTE STAY and IA No.40444/2019EXEMPTION FROM FILING O.T. and IA No.40442/2019-PERMISSION TO FILE SYNOPSIS AND LIST OF DATES)
Date : 02-08-2019 This appeal was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN HON'BLE MR. JUSTICE SURYA KANT
For Appellant(s)
Ms. Meenakshi Arora, Sr. Adv.
Ms. Neela Gokhale, Adv.
Ms. Sahrdha Agarwal, Adv.
Mr. Elam Pradi, Adv.
Mr. R. P. Chhibber, Adv.
Ms. Kamakshi S. Mehlwal, AOR
For Respondent(s)
Mr. R. Balasubramanian, Sr. Adv.
Mr. Bharat Singh, Adv.
Mr. Arvind Kumar Sharma, AOR
UPON hearing the counsel the Court made the following O R D E R
The appeal stands allowed in terms of the signed
reportable judgment.
Pending applications stand disposed of.
[Signed reportable judgment is placed on the file.]