Order

03/03/2025 Instant criminal revision petition has filed under Section 397 & 401 Cr.P.C against the order dated 07.10.2023 passed by the learned Sessions Judge, Jodhpur District in Criminal Appeal No. 54/2022 whereby, the appellate Court upheld the judgment dated 28.06.2022 passed by Judicial Magistrate, Bhopalgarh, District Jodhpur acquitting the respondent accused from the offence under Section 498A, 406, 323 IPC.

Brief facts of the case are that the complainant petitioner filed a complaint against the respondent accused before the learned Judicial Magistrate stating therein that her marriage with the respondent no.2 took place on 16.02.2010 as per Hindu rites and sufficient dowry was given to the respondent according to their capacity. It was stated that just after two months of marriage, the accused respondent started harassing the complainant for more dowry. Out of the wedlock, one son Manish was born. The father of petitioner requested the accused respondent to bring her to matrimonial home but the accused refused to do so and insisted to give divorce unless their demands are met.

The complaint was sent by the Judicial Magistrate, Pipar city to the Police station, Bhopalgarh and FIR No. 157/2022 was lodged for offence under Section 498A, 406, 323 IPC. The police after due investigation, filed challan against the respondent no.2 for offence under Sections 498A, 406 and 323 IPC. Thereafter, charges of the case were framed against the respondent no.2 for aforesaid offences. The accused respondent no.2 denied the charges and claimed trial.

The prosecution in support of its case examined ten witnesses and various documents were exhibited. The statement of accused respondent no.2 under Section 313 Cr.P.C. was recorded, who exhibited two documents in his defence.

After conclusion of trial, the trial court acquitted the respondent no.2 from the offences vide its judgment dated 28.06.2022. Feeling aggrieved, the petitioner preferred an appeal before the court of learned Sessions Judge, Jodhpur District. The learned Sessions Judge upheld the judgment dated 28.06.2022 and dismissed the appeal of petitioner vide judgment dated

07.10.2023. Hence, this revision.

Learned counsel for the petitioner argued that the Courts below without going through the entire record and evidence acquitted the respondent No.2. It is submitted that the prosecution witnesses complainant PW/1 Sharda and even the aunt of respondent no.2 PW/4 Gomati have stated that the complainant was subjected to cruelty for dowry. However, the trial court acquitted the respondents on the basis of minor contradictions in the statement of the witnesses. It is argued that the learned trial court ignored the evidence brought on record which resulted into erroneous acquittal of the accused respondent no.2. Thus the judgment of the Courts below are liable to be set aside and the matter may be remanded back to the trial court for passing fresh order.

I have heard counsel for the petitioner and gone through the material available on record.

From the evidence on record so also finding arrived by the learned courts below, it appears that the accused respondent no.2 has been acquitted on the ground that the prosecution has failed to prove its case against the respondent for offence under Section 498A, 406 and 323 IPC inasmuch there is no specific averment as to when and how much dowry/articles were demanded by the respondent no.2. On the contrary, the complainant has admitted that the dowry was given by her father on his own accord and no demand was made by the respondent no.2. Further there is no specific details with regard to the injuries caused to her nor there is any medical corroboration with regard to any beating. In the opinion of this Court, the findings given by the Courts below are perfectly justified and there is no illegality in the judgment of acquittal by the trial Court.

In the case of 'Mrinal Das & others v. The State of Tripura, :

2011(9) SCC 479,' decided on September