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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SUMEET GOEL
Sushma – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Sumeet Goel, J.
The present criminal revision petition has been filed under Section 397 read with Section 401 of the Cr.P.C., 1973, challenging the judgment dated 16.08.2017 passed by the learned Additional Sessions Judge, Rewari wherein the accused-respondent No.2 (herein) was acquitted of the charges under Section 498-A of the IPC and the judgment of conviction dated 29.05.2015 and order of sentence dated 01.06.2015 passed by Judicial Magistrate Ist Class, Kosli was set-aside
2. For clarity and simplicity, the revisionist-petitioner, who has filed the impugned FIR, will be referred to as the 'complainant' while respondent No.2, the accused in the impugned FIR, will be referred to as the 'accused' throughout this judgment.
3. In the present revision petition, the pertinent facts necessary for adjudication are that the complainant had approached the SDJM, Kosli who directed for registration of a case under Section 156(3) of Cr.P.C., 1973 and consequently the instant FIR bearing No.06 dated 28.01.2011 was lodged against the accused-respondent No. 2, a resident of village Mukundpura, District Jhunjhunu (Rajasthan), under Sections 498-A, 323, 406, 511 of the Indian Penal Code (
The judgment reaffirms that dowry-related cruelty under IPC Section 498A is a serious offense, validated by credible victim testimony and social realities of domestic abuse.
The presumption of innocence in acquittals is reinforced, and revisional jurisdiction should only be exercised in exceptional cases of manifest illegality or gross miscarriage of justice.
The main legal point established in the judgment is the requirement of proof beyond reasonable doubt in criminal trials, the concept of 'cruelty' under Section 498A of IPC, and the evaluation of evid....
Cruelty under Section 498-A IPC includes both physical and mental harm, and absence of dowry demand does not negate its applicability.
Petitioner acquitted of charges under Section 498A IPC due to insufficient evidence of cruelty, demonstrating the High Court's role in correcting procedural misjudgments.
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