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RAM MANOHAR NARAYAN MISHRA
Poonam – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Ram Manohar Narayan Mishra, J. - Instant Criminal Revision has been preferred against the judgment and order dated 01.12.2022 passed by learned Additional Sessions Judge/Special Judge (POCSO Act), Etawah in Final Report Case No.1048 of 2022, arising out of Case Crime No.110 of 2022, under Sections 120B, 302, 376, 504 I.P.C. and Section 3/4 of POCSO) Act, Police Station Bharthana, District Etawah. By the impugned order, learned court below has accepted final report filed by the Investigating Officer after carrying out investigation into the aforesaid case and dismissed the Protest Petition filed by the informant/Revisionist.
2. I have already heard the learned counsel for the revisionist as well as leaned counsel for the respondent No.2 to 5, and learned A.G.A. for the State and perused the material available on record.
3. The factual matrix of the case in brief are that in the instant case dead body of Ankit and Sulekha (daughter of the informant/revisionist) was found at the outskirts of the village in the well, the deceased Ankit was son of Pradeep Kumar Shakya. The informant Pradeep Kumar Shakya lodged First Information Report which was registered vide Crime No.258 of 20
The court upheld the Investigating Officer's closure report, determining that the allegations in the FIR were not substantiated by evidence, thus affirming the dismissal of the protest petition.
The court confirmed that for a case to proceed, allegations must be substantiated with timely and credible evidence, highlighting the significance of prompt action in criminal investigations.
The court established that mere allegations of a quarrel do not suffice to prove abetment of suicide under Sec. 306 IPC without clear evidence of intent (mens rea) to instigate the act.
Defective investigations that neglect crucial evidence cannot justify discharge; courts must ensure thorough investigations in cases involving dowry-related deaths.
The main legal point established in the judgment is that the prosecution must prove the allegations beyond reasonable doubt, and in this case, the evidence did not establish the guilt of the accused ....
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