SIDDHARTH, SYED QAMAR HASAN RIZVI
Virendra Singh – Appellant
Versus
State of Uttar Pradesh – Respondent
JUDGMENT :
Siddharth, J.
1. Heard Shri Rajrshi Gupta, learned counsel for the appellants; Ms. Divya Ojha, learned A.G.A.-I for the State; Shri Sudhir Mehrotra, learned Special Counsel for the High Court and perused the material on record.
2. This criminal appeal against the judgment and order dated 14.09.2010 passed by learned Sessions Judge, Aligarh in S.T. No. 931 of 2006 (State vs. Virendra Singh and 4 others) connected with S.T. No. 949 of 2007 (State vs. Vishambhar) whereby the appellants were acquitted for offence under Sections-498-A, 304-B, 201 IPC and Section 3/4 of D.P. Act. However, the appellants have been convicted for offence under Section 506(I) IPC and awarded two years rigorous imprisonment and fine of Rs.10,000/- and in default of payment of fine to undergo two months additional simple imprisonment.
3. The prosecution case, in short, is that the informant, Panna Singh, married his daughter, Kumari Bhumika, with the appellant no. 3, Manoj on 22.06.2024. Rs. 5 lakhs in cash and other goods were given in dowry to the accused-appellants but the accused persons used to demand one Maruti car more in dowry and used to torture his daughter. Whenever his daughter used to come
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The prosecution failed to prove that the deceased was subjected to cruelty in connection with dowry shortly before her death, leading to the acquittal of the appellants.
The prosecution must prove a direct link between alleged dowry harassment and the victim's death; mere allegations without corroborative evidence are insufficient for conviction.
The burden of proof lies on the prosecution to establish the essential ingredients of the offence, and the accused must be given the opportunity to prove their innocence. Medical and circumstantial e....
The Court will be failing in its duty if appropriate punishment is not awarded for a crime which has been committed not only against the individual victim but also against the society to which the cr....
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