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2015 Supreme(Gau) 1358

RUMI KUMARI PHUKAN
Abida Begum – Appellant
Versus
State of Assam and others – Respondent


Advocates:
For the Appellant :Mr. J. Ahmed, Advocate.
For the Respondent No. 1:Mr. B.J. Dutta, Government Advocate.
For the Respondent Nos. 2 to 6:- Ms. S.E. Ahmed, Advocate.

Rumi Kumari Phukan, J.:--

Heard Mr. J. Ahmed, learned counsel for the appellant. Also heard Mr. B.J. Dutta, learned Additional Public Prosecutor, Assam appearing for the respondent No. 1 and Ms. S.E. Ahmed, learned counsel appearing for the respondent Nos. 2 to 6.

2. The present appeal has been preferred against the Judgment and Order dated 06.09.2014 passed by the learned Additional Chief Judicial Magistrate, Barpeta in C.R. No. 1961/2008 whereby acquitting the respondents from the charges under Section 498(A)/34 of the Indian Penal Code.

3. I have gone through the matters on record as well as the LCR and the impugned Judgment and Order dated 06.09.2014.

4. It is the plea of the appellant that there is a specific allegation of the appellant regarding torture and cruelty on the demand of dowry on the part of the private respondents which was proved by her supporting evidence but the learned Court below has not accepted the case of the appellant on the two basic ground that there is delay in filing the complaint, and that, there is no evidence of independent witness so examined by the complainant so as to prove her case and ultimately acquitted the accused persons under charge of holdi













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