LAWS(DLH)-2017-4-107

JAISHREE Vs. STATE

Decided On April 19, 2017
JAISHREE Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) Crl. A.1382/2013 has been preferred by the appellant - Jaishree (hereinafter referred to 'A-1') to challenge the legality and correctness of a judgment dated 17.09.2013 of learned Addl. Sessions Judge in Sessions Case No. 05/2013 arising out of FIR No.399/2002 PS Prashant Vihar whereby she was held guilty for committing offences punishable under Sections 498A, 376 read with Sec. 109 Penal Code and Sec. 355 IPC. By an order dated 18.09.2013, she was sentenced to undergo RI for three years with fine Rs. 10,000.00 under Sec. 498A IPC; RI for seven years with fine Rs. 10,000.00 under Sections 376/109 Penal Code and RI for two years with fine Rs. 5,000.00 under Sec. 355 IPC. The sentences were to operate concurrently.

(2.) In Crl. A. 1268/2013, the appellants - Balbir Singh (hereinafter referred to 'A-2') and Sandeep (hereinafter referred to 'A-3') have challenged their conviction under Sections 498A Penal Code by the impugned judgment dated 17.09.2013. By an order dated 18.09.2013, they were sentenced to undergo RI for three years with fine Rs. 10,000.00 each.

(3.) Briefly stated, the prosecution case as projected in the charge sheet was that A-1 to A-3 along with Sanjeev (Juvenile) (hereinafter referred to 'A-4') subjected 'X' (assumed name) - A-3's legally wedded wife with cruelty on account of dowry demands during her stay in the matrimonial home from 09.05.2002 to 30.06.2002. Her dowry articles were not returned on demand. It is also alleged that on 17.05.2002 and subsequent to that on several occasions, in house No. G3/37-38 Sector-11, Rohini, 'X' was raped by A-4 on A-1's instigation.