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2007 Supreme(Del) 396

SHIV NARAYAN DHINGRA
Shakuntala – Appellant
Versus
State of Delhi – Respondent


Advocates:
Counsels:
For Appellant/Petitioner/Plaintiff: R.P. Yadav and O.P. Panwar, Advs.
For Respondents/Defendant: Richa Kapoor, Adv.

JUDGMENT

Shiv Narayan Dhingra, J.

1. By this petition, the petitioner has challenged the validity of the order dated 22nd July, 2006 passed by the learned Additional Sessions Judge whereby the learned Additional Sessions Judge observed that the allegations prima facie do show that the petitioner did have some role or the other in the entrustment and criminal breach of trust with regard to the istridhan of the complainant. However, the learned Sessions Judge went on to observe that the complaint of the complainant dated 9th November, 2001 and supplementary statement of the complainant to some extent raise much doubt to the entire prosecution story. She also observed that the complaint in substance made allegations only against her husband for having re-married during subsistence of first marriage with the complainant. The complainant in her supplementary statement, made after the registration of FIR stated that her husband had deposited part of the istridhan before CAW Cell and the remaining istridhan was still lying with her husband. Even her next supplementary statement reiterates the same that her remaining istridhan was still lying with her husband. The learned Additional Sessio








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