Case Note & Summary
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. IntroductionAppeal 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 BackgroundMarriage 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 DemandsKey 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 FindingsProsecution'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 FindingsReview 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 CaseDowry, Cruelty, Section 498A IPC, Criminal Appeal, Acquittal, Evidence Law
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Issue of Consideration: Afsana w/o. Sarfaraj Ahmed Patel Versus Sarfaraj Ahamad Mainodin Patel and Ors.
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