The prosecution must establish guilt beyond reasonable doubt; failure to do so results in acquittal.

JUDGMENT :

Sumeet Goel, J.

CRM-A-755-2022

This is an application under Sections 378 (4) of Code of Criminal Procedure seeking leave to file an appeal against order dated 05.07.2022 passed by Judicial Magistrate Ist Class, Panchkula.

In view of submission made by learned counsel for the applicant and for the reasons stated in the application, the same is allowed. Registry is directed to assign the number to proposed appeal accompanying the application seeking leave to file appeal today itself.

With the consent of learned counsel, the main case is taken up on board for hearing today itself.

Main Case

Present appeal is directed against the Judgement date 05.07.2022 passed by Judicial Magistrate Ist Class, Panchkula, whereby respondent Nos.2 to 5 (herein) were acquitted from the charges under Sections 323,406, 498-A, 506 and 120-B of IPC in a criminal complaint filed by the complainant-applicant.

2. For clarity and simplicity, the complainant- appellant, who has filed the complaint in question, will be referred to as the complainant’ while respondent Nos.2 to 5, the accused in the complaint in question, will be referred to as the accused throughout this judgment.

3. In the present appeal, the pertinent facts for adjudication are that the applicant-complainant instituted a complaint against the accused-respondent Nos.2 to 5, all residents of (xxxx), under Sections 323, 406, 498-A, 506 and 120-B of the Indian Penal Code (for brevity the ‘IPC’) before Judicial Magistrate Ist Class, Panchkula, who took cognizance of the matter and concluded the same vide judgement dated 05.07.2022; acquitted the accused (respondent Nos.2 to 5 herein) of the charges. The Court below held that there is no clinching or trustworthy evidence on record to prove that the complainant was tortured on account of insufficient dowry and hence it can be safely held that the prosecution has miserably failed to bring home the guilt to the accused beyond all shadows of reasonable doubt for the alleged commission of offences & hence the accused ought to be acquitted by giving him the benefit of doubt.

4. The appellant, aggrieved by the findings of the Court below, has now invoked the appellate jurisdiction of this Court, seeking re-examination of findings as the same are based on alleged mis-appreciation of evidence and procedural irregularities. However, it is well-settled law that the scope in appeal is limited and does not entail a re-appreciation of evidence unless there is a manifest illegality or a serious miscarriage of justice.

5. In brief, the case of the prosecution, as detailed in the complaint, is that complainant namely XXX married accused–XXX (respondent No.2 herein) on 01.05.2011 as per Hindu rites at Hotel Peninsula, Panchkula. Both the complainant and accused-respondent No.2 (herein) were divorcees at the time of their instant marriage. The family of the complainant was upfront about not fulfilling any dowry demands yet the accused-respondent No.2 (herein) and his family members insisted on an extravagant weddings and pressuring the parents of the complainant to solemnize the marriage in some hotel with great pomp and show. On the specific demand and condition of accused, the parents of the complaint performed the marriage at Hotel Peninsula, Panchkula and spend around Rs.5 lakhs and entrusted gold and silver ornaments. After the marriage, the complainant was subjected to harassment, taunts, and physical abuse by the accused, who complained about the insufficient dowry and demanded more cash. Despite attempts of the complainant to adjust and maintain peace, the harassment escalated, including her being treated as a servant, beaten, and locked in rooms. The situation worsened when the complainant become pregnant and gave birth to a female child on 18.01.2018, after which the accused continued to neglect and abuse her. The complaint was ultimately thrown out of her matrimonial home. The accused-respondent No.2 (herein) filed a divorce petition in Ghaziabad, which