The main legal point established in the judgment is the application of legal provisions related to marital cruelty, unnatural intercourse, and the burden of proof in cases of allegations of false allegations and contradictory findings.

JUDGMENT :

1. By means of instant criminal revision, the revisionist/accused has assailed the judgement of learned A.C.J.M., court no. 8, Ghaziabad in Criminal Case No. 75 of 2016 arising out of Case Crime no. 331 of 2013 under Sections 498-A, 323, 377 IPC and Section 4 of D.P. Act, P.S. Link Road, District Ghaziabad, the revisionist has been convicted of charge under section 498-A, 323, 377 IPC and Section 4 of D.P. Act and sentenced him to two years rigorous imprisonment and Rs. 30,000/-fine for charge under Section 498-A IPC and five years rigorous imprisonment and Rs. 20,000/-fine for charge under Section 377 IPC, six months simple imprisonment and Rs. 500/-for charge under Section 323 IPC and one year simple imprisonment and Rs. 1,500/-fine for charge under section 4 D.P. Act and sentence and fine are coupled with default stipulation; all the sentences were directed to run concurrently. 50% fine is directed to be paid as compensation to the victim/ informant.

2. The revisionist has assailed judgement of trial court in criminal appeal no. 129 of 2018 (Sanjeev Gupta vs. State of UP) whereby criminal appeal is partly allowed to the extent that conviction for charge under section 498-A, 323, 377 IPC has been affirmed but his conviction and sentence for charge under section 4 of D.P. Act has been set aside. The sentence awarded by the trial court for charge under section 377 IPC has been modified to the extent that five years rigorous imprisonment for charge under section 377 IPC is reduced to four years keeping in view quantum of fine intact. The revisionist has impugned both the orders passed by the courts below in present revision which has been preferred under section 397/401 Cr.P.C.

3. Heard learned counsel for the revisionist, learned AGA for the State and learned counsel for respondent no. 2.

4. The factual matrix of the case in brief are that prosecutrix/ informant, who is respondent no. 2 in present revision lodged an F.I.R. on 9.8.2013 at 9:05 hours on the basis of written report vide Crime no. 331 of 2013 at PS Link Road, Ghaziabad under section 498-A, 323, 504, 377 IPC and section ¾ D.P. Act against the revisionist/ accused with averment that her marriage with accused Sanjeev Gupta was solemnized on 1.7.2012 according to Hindu rites and rituals in which her father had spent around five and half lakhs. She stayed with her husband at Country Inn Hotel for two days after the marriage. Her husband subjected her to cruelty just after the marriage in said hotel and demanded a Fortuner car and Rs. 40 lakhs cash and asked her to bring the dowry from her parents. On 3.7.2012 her husband brought her to her parental place where she told her ordeal to her parents, brother and sister-in-law. Her family members tried to convince her that things will get right in future and also expressed their inability to fulfil demand of dowry made by her husband. On 23.7.2012 her husband again visited her parental place and asked her to go with him but he made demand of dowry to which her parents expressed their inability to fulfil. Her husband abused her and took her at his parental place at A-229, Suryanagar, Ghaziabad where he behaved with her in cruel and inhuman manner. He would engage with her in marpeet and abusing. He subjected her to unnatural intercourse (sodomy) on many times due to which she suffered damages to her private parts. She suffered her ordeal keeping in view her future but behaviour of her husband did not change. On 14.8.2012 her parents brought her to her parental place where she told her plight to her maternal uncle Sunil Suri, Sanjay Suri and others, they also tied to make her husband understand but he did not pay any heed to their request and they came back being disappointed. On 9.8.2013 at around 2:30 pm when she was in her parental place and her parents had gone to market, her husband rang the bell of the house and when she opened the door, he barged into the house, dragged her forcefully inside the room, abused her