Inconsistencies in witness statements and lack of corroborative evidence can lead to the acquittal of the accused in a criminal case.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. Petitioner has sought special leave to appeal under Section 378(4) of the Criminal Procedure Code against the judgment of acquittal dated 20.06.2017 passed in C/1 Case No. 418 of 2009 by the learned Judicial Magistrate 1st Class, Jamshedpur where under all the accused persons facing trial have been acquitted of the charges under Sections 498A, 323,406,120B of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

3. As per the case of the complainant, she was married to one Jaspal Kumar Singh on 27.04.2005 in her paternal house as per Sikh rites and customs at Azad Bustee, P.S. Telco, Jamshedpur, East Singhbhum. She has described the accused persons as father-in-law; 5 of them were elder or younger brother-in-law; 3 of them were sister-in-law and last one is son of one brother-in-law. According to her she was not allowed to stay in the house of in-laws unless she paid a sum of Rs.50,000/-in cash or kind. It further appears from the complaint petition at Annexure-1 that she was allowed to stay in the matrimonial house after payment of Rs.50,000/-but the accused persons again started abusing her and subjected her to cruelty. She was also beaten up. She alleged that those persons wanted to oust her and grab the share of her husband. Her husband was also beaten up. The local police was informed, which led to the institution of G.R. Case No. 1170 of 2008 under Section 323/324/341 against the younger brother of the husband namely Madanlal. It is stated that the said accused had pleaded guilty before the learned Court where the proceedings were pending. She gave birth to a male child on 22.01.2007, however all accused persons had been regularly threatening to oust her from the matrimonial house unless she fulfilled the demand of further Rs.1,00,000/-. On 29.01.2009 at 8.30 P.M. all the accused demanded Rs.1,00,000/-and on flat refusal by the complainant, she was beaten mercilessly and attempt was also made to burn her alive and in result the complainant sustained physical injuries and her middle finger of left hand was badly injured . She along with her husband and minor son left for her paternal house after leaving all her articles and jewellary in a room by locking it. They reported the matter to Telco Police Station who referred her to M.G.M. Hospital and also forwarded the report to Sonari Police Station. She was treated at M.G.M. Hospital. The accused persons threw her minor son on the floor who sustained injury.

4. Based on these allegations, complaint case was instituted. After solemn affirmation of the complainant and inquiry, accused persons were summoned to face the charge under section 498A, 323, 406/120B of the I.P.C and Section 4 of the D.P.Act. They appeared and pleaded not guilty on the accusation being explained to them. Trial commenced thereafter.

5. Complainant examined 4 witnesses. On conclusion of the evidence of the complainant statement of accused was recorded under Section 313 of the Cr.P.C on 10.02.2012. The Defence had adduced 5 witnesses in support of their case.

C.W.1 is the sister of the complainant; C.W.2 is her father; C.W.3 is her husband, whose evidence was expunged and C.W.4 is the complainant herself. Learned Trial Court discussed the evidences of the complainant witnesses in the light of the allegations made and also the defence version. It however came to a finding that statements of C.W.1 and 2 were different on the point of assault and further event of reporting to the Police and going to the paternal house. C.W.1, sister of the complainant stated having seen the assault on the complainant on 29.01.2009 who went to her neighbor Sukhwinder Singh who gave a shawl to cover herself. However, during examination complainant did not name Sukhwinder Singh and did not examine him, though he was one of the main witnesses who could have deposed about the incidence. C.W.1 also spoke that she saw blood on the body of he