STATE OF NCT OF DELHI Vs. MOHD RAFIQ

JUDGEMENT

(1.) The State seeks leave to appeal against the judgment and order of the learned Additional Sessions Judge dated 23.05.2008 in SC No.57/2004 whereby the respondents were acquitted of the charge for having committed offences punishable 498A/34, 406/34 and 506/34 IPC. One of the respondent, i.e., accused Mohd. Rafiq was acquitted additionally of the charges for having committed offences under Sections 506/34, 376 (1) and 384/34 IPC.

(2.) The prosecution alleged that Suriya, the complainant (hereafter referred to as PW-1) married Rafiq on 25.11.1995 and used to reside with him in the matrimonial home. She alleged about maltreatment by Rafiq who insisted that she should get ' 50,000/- from her father since he wanted to purchase a thread making machine. PW-1 alleged that her father had spent ' 4,50,000/- towards jewellery and dowry in the marriage and, therefore, was unable to pay more, upon which, Rafiq got enraged and took away all the jewellery. When she tried to object, he pushed her down and kicked her. PW-1 also alleged that when she remonstrated, her father-in-law and other relatives threatened, beat and silenced her with dire consequences in the event she disclosed their actions to her parents. She alleged that Rafiq told her later about having sold the jewellery since she did not get ' 50,000/- and that he had used that amount to start the thread making unit in a rented shop. She also stated that Rafiq sold a scooter given during marriage and invested the money in the shop and when the business failed, he again pressed her to get money from her father.

(3.) PW-1 further stated that at this stage she went to her father and reported the previous events, whereupon, he agreed to arrange the money within 3-4 days and later gave it through her brother. She stated that the money was handed over to her husband and In-Laws which was kept in an almirah. Two days later, Rafiq took it out and left the house. On being questioned, Rafiq threatened her. PW-1 alleged that her parents-in-law as well as sister-in-law used to taunt, ill-treat and even beat her. She stated that Rafiq asked her to get ' 25,000/- as a condition for being permitted to attend her brother s marriage. When she refused to do so, he threatened her. PW-1 alleged that on 30.09.2003, her husband after giving threats and beating, took her to Patiala House Court and got her signatures on a piece of paper in the presence of two unknown persons and gave the triple talak . She further stated that Rafiq later took her to a house where he had locked her. She pleaded with him to release her since she was divorced but he did not agree. PW-1 alleged being illegally confined in a room for the period 30.09.2003 to 13.12.2003 during which time, Rafiq had forcible sexual relations with her. It was alleged that on 14.12.2003, she was sent home along with Chand Bhai to her parents where she disclosed having been treated with cruelty and also about having been divorced.