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
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