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2023 Supreme(Del) 5931

IN THE HIGH COURT OF DELHI AT NEW DELHI
Swarana Kanta Sharma, J.
Sagar & Anr. - Appellants
Versus
The State Gnct of Delhi - Respondent
Cr.REV.P. 972 of 2023
Decided On : 18-09-2023

Advocates appeared:
Mr. Pardeep Khatri, Ms. Rimpy Khatri, Mr. Sandeep Rana, Mr. Rishu @ Rishabh Rajput, Mr. Utkarsh Singh Chhikara, Mr. Ajay Pratap Singh Tomar and Mr. Deepak, Advocates, for the Petitioners.
Mr. Manoj Pant, APP for the State.

IMPORTANT POINT
The main legal point established in the judgment is the importance of considering the material on record and ascertaining if the essential ingredients of an offence are prima facie made out at the stage of framing charges. The judgment also emphasizes that a detailed order is not required at the time of framing charges and that the evidentiary value of the polygraph test will be decided at the trial stage.

Headnote:

Dowry Harassment - Criminal Procedure - IPC 304B/498A/323/34 - The court discussed the principles of framing charges under Sections 227 and 228 of Cr.P.C. and emphasized that a detailed order is not required at the time of framing charges. The court also highlighted the importance of considering the material on record and ascertaining if the essential ingredients of an offence are prima facie made out. The court dismissed the revision petition, stating that the polygraph test is corroborative evidence and its evidentiary value will be decided at the trial stage.

Fact of the Case:

The case involved allegations of dowry harassment leading to the death of the complainant's daughter. The complainant alleged that the in-laws and husband of his daughter harassed her for dowry, leading to her death.

Finding of the Court:

The court found that the allegations made by the complainant and other witnesses supported the case of the prosecution. It noted that the post mortem report and statements of witnesses aligned with the prosecution's case. The court dismissed the revision petition, emphasizing that the polygraph test is corroborative evidence and its evidentiary value will be decided at the trial stage.

Issues: The issues revolved around the framing of charges under Sections 227 and 228 of Cr.P.C., the sufficiency of evidence at the stage of framing charges, and the evidentiary value of the polygraph test.

Ratio Decidendi: The court emphasized the importance of considering the material on record and ascertaining if the essential ingredients of an offence are prima facie made out. It highlighted that a detailed order is not required at the time of framing charges and that the polygraph test is corroborative evidence, with its evidentiary value to be decided at the trial stage.

Final Decision: The court dismissed the revision petition, stating that the polygraph test is corroborative evidence and its evidentiary value will be decided at the trial stage.

JUDGMENT

Swarana Kanta Sharma, J.

1. The present revision petition has been filed under Section 397/401 read with Section 482 of Code of Criminal Procedure, 1973 (`Cr.P.C.') seeking setting aside of the impugned order on charge dated 19.07.2023 passed by learned Additional Sessions Judge-03, North District, Rohini Courts, Delhi (`Trial Court') in SC No. 915/2022 whereby the learned Trial Court has framed charges under Section 228 of Cr.P.C. against the petitioners for offences under Section 304B/498A/323/34 of Indian Penal Code, 1860 (`IPC').

2. Briefly stated, the facts of the present case are that the present FIR was registered on the complaint of complainant Jai Narain who had stated that the marriage between his daughter Rajni and Abhishek was solemnized on 10.10.2019 in Chandigarh, in which, he had spent beyond his means and had even borrowed money from his friend. It was further alleged by the complainant shortly after marriage of his daughter, she used to tell him that her mother-in-law Raj Bala and father-in-law Pradeep Kumar used to harass her for demand of dowry and used to fight on petty issues. It was further stated that the family members of his son-in-law Abhishek used to instigate her daughter for the demand of dowry and used to tell her that the status of her father is not of same standard as of them. It was alleged by the complainant that when his daughter was pregnant, her in-laws and husband used to beat her for the demand of dowry. The complainant was further informed by her daughter that her sister-in-law and brother-in-law used to snatch food from her and used to beat her badly, which even caused her tremendous stress during the period of her pregnancy. This had even led her to give birth to a child that was unwell at the time of birth and her treatment went on for about three months after the birth of her child. It is further stated that the husband of the daughter of the complainant works in Delhi Police and thus, had a position of authority. The complainant was informed by husband of his daughter, i.e. Abhishek, on 17.10.2020 that his daughter had passed away, after which they came with her dead body on 18.10.2020. Thereafter, the complainant had got the present FIR registered as he had strong belief that her daughter was murdered by her in-laws and her husband for the demand of dowry.

3. It is stated by learned counsel for petitioners that the allegations, if any, against the petitioners are vague in nature and no offence is made out against them. It is stated that the learned Trial Court has committed an error by not going through the complaint and the settled principles of law regarding charge. Learned counsel for petitioner also states that the polygraph test which was conducted during investigation does not support the prosecution case and therefore, the petitioners be discharged.

4. Learned APP for the State draws attention of this Court to the charge-sheet and the statements of the witnesses which were recorded during investigation. It is stated that there are specific allegations of beating by the present petitioners as well as snatching food and harassing and taunting the deceased for bringing insufficient dowry. It is also stated that there are specific allegations in the statement of the mother of deceased regarding receiving phone call on 14.10.2020 wherein she had informed her about she being tortured for non fulfilment of demand of dowry and that her life had become difficult. She had also told her mother that they are troubling her too much to bring dowry. She had also told her that her life and the baby's life have become difficult and they can do anything to her. The learned APP for the State also states that as per investigation and the charge sheet, the call detail records substantiate the claim regarding phone calls made by the victim to her family and therefore, present petition be dismissed.

5. This Court has heard arguments addressed by learned counsel for the petitioners and learned A

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