KOMALA W/O AMETH ACHAR Vs. AMETH ACHAR

JUDGEMENT

(1.) This appeal is preferred by the complainant being aggrieved by the judgment and order of acquittal dated 31.7.2012 passed by the City Fast Track (Sessions) Judge, Bengaluru City, (FTC No.VI) in S.C No.196/2009 wherein accused No.1 to 3 are acquitted of the charges leveled against them for the offences punishable under Sections 313, 315, 498A read with Section 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act.

(2.) Brief facts of the case of complainant as per the private complaint filed under Section 200 of Cr.P.C. before the trial Court are that respondent No.1-accused No.1 and the complainant got married on 18.11.2005 as per Hindu customs at Anusuya Convention Hall situated at Banashankari III Stage. As per the talks held, the complainant side performed the marriage, wherein accused No.1-respondent No.1 was given 12 gms of gold ring, 18 gms. gold chain, a wrist watch, clothes, cash of Rs.3.00 lakhs and 1 kg of silver items, clothes to accused Nos.2 and 3, all of which were given as dowry. The complainant was given two gold necklace, two gold long chains, three gold bangles, four gold ear studs. The complainant side spent about Rs.10.00 lakhs and performed the marriage. Thereafter, when P.W.1 and complainant went to the house of the respondent and was living there, respondent Nos.2 and 3-accused Nos.2 and 3, who are the parents of accused No.1 abused the complainant by uttering abusive language touching her caste that she belongs to inferior caste and they were made to have food with her. They held her in contempt because of her caste. Accused No.1 forced and demanded Rs.1.00 lakh cash from the complainant to go to honeymoon. Thus, he got Rs.1.00 lakhs cash from the parents of the complainant. But he did not take the complainant to honeymoon, but he spent all the money for himself. After coming to know that the complainant is carrying the pregnancy, the accused took the complainant to the doctor and took her signature on the consent form forcibly and attempted to commit abortion on her. This was done against the wish of the complainant and did not yield to her resistance. Respondents-accused Nos.1 to 3, after seeing the complainant carrying the pregnancy, abused her saying that if she did not get it aborted, she had to take leave for six months from work and during that period, the burden of expenses will be on respondent No.1-accused No.1. Abusing thus, they used violence on the stomach of the complainant with their hands and legs. They restrained her in a bed room and threatened her by showing the sickle, pointing it to her neck. They abused by asking her to die and that they would look after her brother and sister. This they did even without giving the proper food and further threatened her not to inform the police. They got Rs.9.00 lakhs from the complainant side by demanding to repay the debt and even forced her to sell the apartment which was in the name of the complainant and to give cash to them. It is further stated in the complaint that during the time of delivery, the accused did not co-operate with the complainant. After the delivery, they did not take her to their home. To take her home, the accused again demand dowry of Rs.20.00 lakhs and registration of a site to the name of accused No.1. Thus, the respondents-accused persons individually and together harassed and tortured the complainant both physically and mentally. With these allegations, the complaint came to be filed.

(3.) In order to prove its case, the prosecution, in all, examined 7 witnesses and got marked 21 documents and also 14 material objects. The accused were examined under Section 313 of Cr.P.C. and their statement came to be recorded. The incriminating material was read over to them by framing the questionnaire and their answers were recorded in their respective statements.