The acquittal of the accused was upheld as the prosecution failed to provide sufficient evidence to prove the allegations of cruelty and dowry demands.

ORDER :

(G. BASAVARAJA, J.)

State has preferred this Criminal Revision Petition against the judgment of acquittal dated 20^th January 2017 passed in CC No.658 of 2008 by the Civil Judge and JMFC, Sullia, Dakshina Kannada (for short referred to as the ‘trial Court’) which is confirmed by the V Additional District & Sessions Judge, Dakshina Kannada, Mangaluru sitting at Puttur in Criminal Appeal No.5031 of 2017 dated in 14^th December, 2018.

2. For the sake of convenience, the parties herein are referred to as per their status and rank before the trial Court.

3. Brief facts leading to this revision petition are that Police Sub-Inspector of Subrahmanya Police Station filed charge sheet against the accused for the offence punishable under Sections 4 98A, 323, 342 read with Section 3 4 INDIAN PENAL CODE and Sections 3 and 4 of the Dowry Prohibition Act. It is alleged by the prosecution that PW1-Smt. Savitha Nayak is the wife of accused No.1 Jagadeih Nayak. He marked PW1 in the year 1999 as per Hindu customs and traditions and have begotten a girl child which is aged 7 years. Accused No.2 & 3 are brother and sister-in-law of accused No.1. It is alleged that, in furtherance of common intention since two years from the date of their marriage, accused No.1 joined hands with accused 2 & 3, forced PW1 to bring dowry of Rs.50,000/- from her parents’ house and in that regard they subjected PW1 to mental and physical harassment and many-a-times have also wrongfully confined PW1. It is further alleged that the accused have deposited the gold ornaments of PW1 which was given by her parents at the time of marriage, in a Bank locker in the name of the son of accused 2 & 3 so as to cause mental harassment to PW1. It is further alleged that on 12^th February, 2008 at about 7.00 am, accused No.1 kicked PW1 on her stomach and voluntarily caused hurt to her chest and pushed her to wall holding her tuft. Thereafter, all the accused thrown PW1 out of the house cautioning her to come back home only with dowry and closed the door on her back. Then she was admitted to Kadaba CHC Hospital where she had given the statement to the State House Officer, Subrahmanya. On investigation, Investigating Officer has submitted charge sheet against the accused for the offences punishable under Sections 4 98A, 323, 342 read with Section 3 4 INDIAN PENAL CODE and Sections 3 & 4 of Dowry Prohibition Act. Case was registered in CC No.658 of 2008. Upon issuance of summons, accused appeared and were enlarged on bail. Upon hearing, the trial Court framed charges against the accused for alleged commission of offences. The accused pleaded not guilty and claimed to be tried. To prove the guilt of the accused, sixteen witnesses have been examined as PWs1 to 16 and seventeen documents were marked as Exhibits P1 to P17. On closure of prosecution side evidence, statement of accused under Section 3 13 of the Code of Criminal Procedure was recorded and the accused have totally denied the prosecution evidence. One Giridhara Nayak has been examined as DW1 and got marked twelve documents as Exhibits D1 to D12. Having heard the arguments, the trial Court acquitted the accused. Being aggrieved by the judgment of acquittal, the State preferred appeal before the Appellate Court in Criminal Appeal No.5031 of 2017. The said appeal came to be dismissed by the appellate Court by judgment dated 14^th December, 2018. Being aggrieved by the judgments of acquittal passed by the trial Court which is affirmed by the appellate Court, the State has preferred the present revision petition.

4. Sri M.R. Patil, learned High Court Governm