Acquittal Upheld in Dowry Harassment Case. Lack of cogent evidence and delayed reporting leads to dismissal of Criminal Appeal under Sections 498A, 323, 504, and 506 IPC.


Summary of Judgement

The appellate courts upheld the acquittal of the accused, including the husband and his family, in a dowry harassment and cruelty case. The prosecution failed to substantiate allegations of unlawful demands and cruelty due to insufficient evidence and delayed complaint registration.

1. Introduction

Appeal Context:
This appeal challenged the acquittal of respondents in a dowry harassment case under Sections 498A, 323, 504, and 506 IPC by the Trial Court (18th Jan 2019) and Sessions Court (15th Sep 2022).


2. Marriage and Background

Marriage Facts:

  • Marriage Date: 26th June 2011, following a love affair.
  • Financial Involvement: The appellant’s family alleged spending ₹3,00,000, giving a 2-tola gold ring, and ₹50,000 in cash.

3. Alleged Cruelty and Demands

Key Allegations:

  • First Incident (7th Jan 2012): Demand for ₹1,50,000 and assault with a stick and blade.
    • No corroborative evidence or medical records.
  • Second Incident (18th Sep 2012): Demand for ₹1,50,000 for job transfer and threats of harm.
    • No material evidence or timely reporting.

4. Defense and Trial Findings

Prosecution's Witnesses:

  • Testimonies of appellant (PW-4), mother (PW-3), and sister (PW-2).
  • Consistent narrative of peaceful marital life for the initial 9 months.

Key Trial Observations:

  • Respondent No.1 was already employed; demand for ₹1,50,000 for job recruitment was implausible.
  • Delayed lodging of FIR (2014) weakened the case.

5. Appellate Court Findings

Review of Evidence:

  • Lack of proof of cruelty, harassment, or unlawful demands.
  • Discrepancies in testimonies of interested witnesses (PW-2, PW-3).

Conclusion:

  • Trial Court and Sessions Court found no credible evidence to substantiate charges under Sections 498A, 323, 504, and 506 IPC.

Acts and Sections Discussed:

  • Section 498A IPC: Cruelty by husband or relatives.
  • Section 323 IPC: Voluntarily causing hurt.
  • Section 504 IPC: Intentional insult with intent to provoke breach of peace.
  • Section 506 IPC: Criminal intimidation.

Ratio Decidendi:

  • Mere allegations unsupported by credible evidence do not constitute proof of cruelty under Section 498A IPC.
  • Delayed lodging of FIR raises doubts about the genuineness of the complaint.

Subjects:

Acquittal in Dowry and Cruelty Case
Dowry, Cruelty, Section 498A IPC, Criminal Appeal, Acquittal, Evidence Law

The Judgement

Case Title: Afsana w/o. Sarfaraj Ahmed Patel Versus Sarfaraj Ahamad Mainodin Patel and Ors.

Citation: 2024 LawText (BOM) (11) 280

Case Number: CRIMINAL APPEAL (ST) NO. 5380 OF 2024 WITH INTERIM APPLICATION NO. 1576 OF 2024 IN CRIMINAL APPEAL (ST) NO. 5380 OF 2024

Date of Decision: 2024-11-28