under his judgment dated 3.3.1976, while convicting the accused petitioner Under Section 497 IPC sentenced him to undergo six months' rigorous imprisonment ... Section 360 CrPC, or the case should be so dealt with under the Probation of Offenders Act .
4. An offence Under Section 497 IPC
discussion, and
the anomalies in Section 497 , as enumerated
in para 11 above, it is declared that:
282.1 Section 497 is struck down as
unconstitutional ... Indian
Penal Code shall be unconstitutional only to
the extent that it is applicable to the offence
of Adultery Under Section 497 .
282.3 The decisions
conviction
under Section 376(2)(g) read with Section 120-B IPC in alternate
Section 107 and Section 306 IPC cannot ... under Section 376(2)(g) read with
Section 120-B IPC in alternate Section 107 IPC and Section 306
IPC
conviction
under Section 376(2)(g) read with Section 120-B IPC in alternate
Section 107 and Section 306 IPC cannot ... under Section 376(2)(g) read with
Section 120-B IPC in alternate Section 107 IPC and Section 306
IPC
under Sections 200 and 202 Cr.P.C. and took cognizance against the accused-non-petitioner Ram Swaroop under Section 497 IPC ... Swaroop is concerned, offence is made out against him under Section 497 IPC. The learned trial court acquitted the accused Ram Swaroop
marital setting, with the exception of
`adultery' as defined under Section 497 IPC. At this juncture, we may
refer to the decision ... Constitution Bench of Hon'ble Supreme
Court declared Section 497 IPC as violative of Articles 14 , 15 and
21 of the Constitution
offence under, Section 498 , I.P.C. In the case of adultery it is distinctly enacted in Section 497 , I.P.C. that a wife ... offence under Section 498 , I.P.C. See in Re Balambai 26 ILR Mad. 463, Abetment can as given in Section 107 ,
learned Magistrate therefore, found that neither a case under Section 497 , nor under Section 408 I.P.C. was made out.
4. The earned Counsel ... complainant submitted that under Section 497 I.P.C., every act of sexual intercourse amounts to adultery and the accused can be prosecuted
accused Bashir is directed against his conviction under Section 497 IPC and sentence of six months' simple imprisonment and a fine ... fine of Rs. 200/- while accused Bashir was convicted under Section 497 , IPC and the learned Sessions Judge. Jhalawar, allowed the appeal
held that such a presumption could be
drawn under Section 114 of the Evidence Act.
15. Where the partners lived together for long spell ... with
the exception of 'adultery' as defined under Section
497 IPC. At this juncture, we may refer to the
decision given
