The appellate court will not interfere with an order of acquittal unless it is vitiated by manifest illegality or the conclusion is characterized as perverse.

JUDGMENT :

1. The State being prosecuting agency has preferred this appeal under Section 378 of the Criminal Procedure Code against the judgment and order dated 07.02.2008 rendered by the learned Additional Sessions Judge and Presiding Officer, Fast Track Court No.4, Veraval camp at Una in Sessions Case No.24 of 2007.

2. The short facts giving rise to the present appeal are that, deceased was wife of respondent – accused Somabhai Akhibhai Sondarva. On the date of incident i.e. on 21.03.2007, four years have been passed of their married life. For one year after marriage, both – accused and deceased lived happily. But after period of one year, when deceased was not able to conceive a child, respondent – accused started giving her mental and physical torture and when such harassment was gone out of limit, deceased committed suicide by hanging herself. Therefore, complainant filed a complaint against the accused for the alleged offences under Section 498(A) and 306 of the Indian Penal Code.

3. In pursuance of the complaint, the Investigating Officer carried out the investigation and filed the charge-sheet against the accused. The charge was framed against the accused. The accused pleaded not guilty and claimed to be tried.

3.1 In order to bring home the guilt, the prosecution has examined several witnesses and also produced several documentary evidence.

3.2 After appreciating the oral as well as documentary evidence, the trial Court has delivered the judgment, as stated above.

4. Being aggrieved by the same, the appellant - State has preferred the present Criminal Appeal before this Court.

5. By way of preferring the present appeal, the appellant has mainly contended that learned trial Court has failed to appreciate the evidence on record and wrongly recorded the order of acquittal. It is further contended that learned trial Judge has erred in evaluating the evidence on record and without appreciating the evidence in its proper perspective acquitted the accused and therefore, the impugned judgment and order of acquittal is required to be reversed, as such.

6. Learned APP Mr. R. C. Kodekar appearing for appellant - State has reiterated and urged the grounds mentioned in the memo of appeal. Learned APP has taken this Court through the paper-book and evidence on record and argued that the mother, brother and other family members of the deceased have clearly deposed that there was constant harassment to the deceased, since she could not conceive child. He further submitted that only four years married life was there and there was constant harassment, because of which, she committed suicide by hanging herself.

6.1 Learned APP has further submitted that deposition of complainant, who is brother of the deceased is at Exh.30, which is fully getting corroboration from the evidence on record. Learned APP has further submitted that deposition of mother of the deceased is at Exh.34, wherein she has also stated that her daughter has committed suicide because of torture and harassment of the respondent – accused.

6.2 He has further submitted that the trial court has failed to appreciate the evidence on record and wrongly recorded the judgment of acquittal which is required to be reversed and the accused is required to be convicted, as such.

7. On the other hand, learned advocate Mr. Madansingh O. Barod for the respondent accused has taken this Court through the record and proceedings and argued that if there was mental and physical torture by the accused as alleged, then there was no complaint filed against the accused before present complaint. He has also submitted that there is material contradiction in statement of the complainant and original complaint. He has further submitted that no independent witness has been examined by the prosecution and the witnesses, who are examined are the family members and relatives of the deceased only. He further submitted that it is a clear case of false complaint, otherwise also, before few days of committing suicide