Back
Chaman Mangla – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
SHEKHAR KUMAR YADAV, J.
1. Heard Mr. Gopal Swarup Chaturvedi, learned Senior Counsel assisted by Ms. Somya Chaturvedi, learned counsel for the revisionist, Mr. Harsh Vardhan Deshwar, learned counsel for the opposite party no. 2 and Mr. L.M. Singh, learned AGA for the State and perused the record.
2. This Criminal Revision is directed against the order dated 15.02.2022 passed by learned Addl. District and Sessions Judge, FTC-I Mathura, whereby the application for discharge under Sections 498-A, 504, 506, 376 IPC and Section 3/4 of Dowry Prohibition Act moved by the revisionist u/s 227 Cr.P.C. in Sessions Case No. 287 of 2021 (State vs. Chaman Mangla) arising out of Case Crime No. 771 of 2020, has been rejected.
3. Initially an FIR vide Case Crime No. 771 of 2020 was registered against the revisionist and his father and mother by the complainant/opposite party no. 2 on 08.11.2020, under Sections 498-A, 504, 506, 376 IPC and Section 3/4 of Dowry Prohibition Act.
4. Prosecution story as narrated in the FIR is that the revisionist was to open a cloth-showroom and thereafter he would marry the complainant within a year of opening of showroom. Revisionist is said to have called the
Under Section 90 of the Indian Penal Code; that presumption can be drawn under Section 114-A of the Indian Evidence Act that the revisionist had sexual intercourse on false assurance of marriage.
The scope and ambit of Sections 227, 228, 397 and 482 Cr.P.C. and the principles governing the exercise of jurisdiction under these provisions, particularly in the context of discharge of accused and....
The accused's submission at the stage of framing of charges is limited to the material produced by the prosecution, and the victim's testimony during trial cannot be considered at the stage of discha....
At the initial stage of deciding whether the accused ought to be discharged, the truth, veracity, and effect of the evidence are not to be meticulously judged. The accused has no right to produce any....
The court emphasized the need to establish a prima facie case against the accused and the limitations of the court's role at the stage of framing charges. It highlighted the importance of not questio....
The court established that consensual relationships, even if based on promises of marriage, do not amount to rape unless there is clear evidence of deception or coercion, and the standard for proceed....
The main legal point established in the judgment is the requirement for a prima facie case for proceeding against the accused and the presence of grave suspicion against the accused in determining th....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
