IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
NEERJA K.KALSON
............ – Appellant
Versus
............ – Respondent
JUDGMENT :
NEERJA K. KALSON, J.
1. Present revision petition is directed against the judgment dated 16.11.2021 passed by the learned Sessions Judge, Fatehgarh Sahib, whereby the appeal filed by the petitioner was dismissed while upholding the judgment dated 12.07.2019 passed by the learned Sub Divisional Judicial Magistrate, Amloh whereby respondents No.2 & 3 were acquitted.
2. For clarity and convenience, the revisionist-petitioner, who lodged the impugned FIR, shall hereinafter be referred to as the 'complainant' while respondents No.2 & 3, who were arrayed as accused in the impugned FIR, shall be referred to as the 'accused' through this judgment.
3. The relevant facts for adjudication of the present revision petition, are that the FIR No.104 dated 01.06.2012 was registered against the accused, residents of Gobindgarh, Tehsil Amloh, District Fatehgarh Sahib, under Sections 406 and 498-A of the Indian Penal Code (for brevity, the 'IPC') at Police Station Mandi Gobindgarh. The case proceeded to trial before the Court of Sub Divisional Judicial Magistrate, Amloh, which concluded its proceedings and, vide judgment dated 12.07.2019, acquitted the accused (respondents No. 2 & 3 herein) of
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 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.
Petitioner acquitted of charges under Section 498A IPC due to insufficient evidence of cruelty, demonstrating the High Court's role in correcting procedural misjudgments.
The main legal point established in the judgment is the requirement of cogent evidence to prove charges under IPC 498A and the need for a complete chain of evidence to establish guilt beyond reasonab....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.