Supreme Court of India · 2018-02-12
Dinesh Kumar Kalidas Patel vs The State Of Gujarat
- Citation / case number
- AIR 2018 SUPREME COURT 951
- Court
- Supreme Court of India
- Petitioner
- Dinesh Kumar Kalidas Patel
- Respondent
- The State Of Gujarat
- Author
- Kurian Joseph
- Bench
- Amitava Roy, Kurian Joseph
Judgment text excerpt
The Supreme Court held that a conviction under Section 201 IPC cannot be sustained if the main offence under Section 498A IPC is acquitted, as it requires proof of an underlying offence. The Court emphasized that mere suspicion is insufficient for a conviction under Section 201, citing Palvinder Kaur v. State of Punjab. The appellant's conviction under Section 201 was set aside, reinforcing the principle that the foundation of a Section 201 charge must be an established offence.