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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 25.01.2018 passed by the learned Sessions Judge, Narnaul, whereby the appeal filed by the petitioner was dismissed while upholding the judgment dated 12.04.2017 passed by the learned Judicial Magistrate 1st Class, Mahendergarh whereby respondents No.1 to 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.1 to 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.68 dated 18.02.2014 was registered against the accused, residents of village Hansawas Khurd, District Bhiwani, under Sections 323, 406, 498-A and 506 read with Section 34 of the Indian Penal Code (for brevity, the 'IPC') at Police Station Mahendergarh. The case proceeded to trial before the Court of Judicial Magistrate 1st Class, Mahendergarh, which concluded its proceedings and, vide judgment dated 12.04.2017, acquitted the accused (respondents herein
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.
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....
Conviction under Section 498-A IPC cannot stand on hearsay evidence alone; direct proof of sustained cruelty or harassment is essential.
Prosecution must prove guilt beyond reasonable doubt; reliance on hearsay and contradictory evidence leads to acquittal under Section 498A of IPC.
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