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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
KIRTI SINGH
Karamjit Kaur – Appellant
Versus
Jagtar Singh Alias Bhola – Respondent
JUDGMENT :
Kirti Singh, J. (Oral)
1. The instant revision petition has been filed for challenging the impugned judgment dated 07.09.2017, passed by the learned Additional Sessions Judge, Moga in appeal against judgment dated 25.03.2016, passed by the learned Sub Divisional Judicial Magistrate, Baghapurana, whereby the accused persons were acquitted of the charges framed against them under Sections 406, 498-A and 120-B of IPC in case FIR No.131 dated 09.07.2009, registered at Police Station Baghapurana, District Moga.
2. Shorn of details, the facts of the case are that the marriage of petitioner/complainant was solemnized with accused-respondent No.1 on 29.11.2001. Purportedly, the father of the petitioner had given sufficient dowry articles as per his status at the time of marriage, yet, shortly after, the in-law's family of the petitioner started demanding harassing and beating the petitioner for the sake of more dowry and left the petitioner at her parental house. A compromise, with the intervention of DSP Kashmir Kaur, Women Cell, Baghapurana through village panchayat, was effected and the petitioner moved back to her matrimonial home. However, after about 11/2 years, the accused s
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 High Court cannot overturn an acquittal unless exceptional circumstances demonstrate a manifest illegality or miscarriage of justice, reaffirming the prosecution's burden to prove guilt beyond re....
A revisional application against acquittal is limited; an appellate court's finding should only be overturned if substantial and compelling reasons exist warranting intervention, emphasizing the need....
The court acquitted the accused due to insufficient evidence establishing dowry demands and related charges, highlighting the need for clarity and consistency in testimonies.
The victim's right to file an appeal against the judgment of acquittal and the limited scope of interference in revisional jurisdiction against judgment of acquittal.
The court upheld the principles of justice by balancing conviction with rehabilitative measures in domestic cases, emphasizing evidence evaluation.
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