GULFAM Vs. STATE OF UTTARAKHAND AND ANOTHER

JUDGEMENT

(1.) The complainant Smt. Farzana instituted a criminal complaint against Gulfam for the offence punishable under Section 406 IPC. According to the complainant, she was married to the accused Gulfam six years ago on 30.10.2001. The articles which were gifted by her parents to her husband were listed alongwith the complaint. The same was the stridhan of the complainant.

(2.) The question, therefore, arises- whether the articles were given to the accused The complainant has placed a copy of the extract of khatauni to show that Akil was owner of 15 bigha of agricultural land. The extract of such khatauni indicated that Akil was capable of giving articles in the marriage of his daughter. P.W. 2 Akil stated on oath that he entrusted the gifts to Gulfam, which articles were not returned to Farzana when she was ousted from her matrimonial home.

(3.) D.W. 1 Gulfam and D.W. 2 Munfed Ali were examined in defence. The evidence tendered by DW 2 did not inspire confidence, in as much, as he could not divulge even the major details of the marriage of Gulfam with Farzana.