The prosecution must prove the case beyond a reasonable doubt to secure a conviction under Section 498-A of IPC.

R.B. MISRA, J.

1. THE present criminal appeal has come up for consideration after the leave to appeal has been granted under Section 378 (3) of the Code of Criminal Procedure, in reference to judgment dated 30.12.2005 passed by learned Addl. Chief Judicial Magistrate, Dehra, District Kanga in Criminal Case No. 19-II/2002, thereby acquitting the respondent/accused for the offence under Section 498-A of IPC.

2. IN order to prove its case, prosecution has examined as many as 11 prosecution witnesses, whereas, through his statement under Section 313 Cr.P.C, accused/ respondent denied the prosecution case.

According to the prosecution, accused got married with the complainant Smt. Chand Rani Thakur on 23.11.1983. From the said wed lock, a female child was born. It was alleged that when the child was Whether the reporters of the local papers maybe allowed to see the judgment? only four months old, one day accused took her and threw, however, complainant lifted her child, she was given beatings by the accused. After this incident, complainant Chand Rani Thakur along with her female child went to the place of her parents and after a few days, accused visited her place along with his father and assured her that in future he would not repeat this mistake and pleaded before the complainant to join his company. But again, accused did not mend his ways and again started torturing and beating the complainant on the ground of demand of dowry or for divorce to solemnize second marriage. On the basis of the complaint, FIR was allegedly registered against the accused for offence under Section 498-A of IPC. After completion of investigation, challan was presented in the Court.

3. FROM the record, it appears that complainant has not made any complaint to the villagers, locality or the police regarding torturing and beatings given to her by the accused. Even PW-2, has also not made any written complaint at any point of time regarding demand of dowry or harassment or creating such injury on her person. At one occasion, prosecution has examined PW-9 who stated that on 4.2.1993 PW-1 was medically examined during mid night around 11.55 p.m. In her opinion, probable duration of injuries referred to in MLC Ext PW-9 was within 10 days. Such alleged beating to the complaint was also not specific, more so the FIR was not brought on record. Record does not reveal that any specific demand of dowry was ever made till February, 2000 when both continued to live together for number of years, therefore, case under Section 498-A is not proved against the respondent/accused

4. ON analysis of the prosecution witnesses and materials on record learned Addl Chief Judicial Magistrate has rightly arrived at the finding that the prosecution has not been able to prove its case against the accused beyond shadow of reasonable doubt and has accordingly has rightly acquitted the accused in respect of the aforesaid offence. Therefore, in my considered view, I do not find any scope for interference in the impugned judgment of the learned Addl. Chief Judicial Magistrate, The criminal appeal, being devoid of merit, is accordingly dismissed.

The bail bonds, furnished by the accused/ respondent, are discharged.