STATE OF GUJARAT Vs. SUNILKUMAR DEVISHCHANDRA JAISWAL

JUDGEMENT

(1.) THE present appeal, under Section 378 of the Code of Criminal Procedure, 1973, is directed against the Judgment and order of acquittal dated 30.09.200 passed by the learned Judicial Magistrate, First Class, 2nd Court, Vadodara, in Criminal Case No. 2860 of 1995, whereby the learned Magistrate has acquitted the respondents -accused from the charges levelled against them.

(2.) THE brief facts of the case of prosecution is that on 23.02.1994, the complainant - Vidhyaben Sunilkumar got married with accused No. 1 at Alkapuri Club, Vadodara. She was physically and mentally harassed by the accused. Because of that reason, she left her in -laws house. It is also alleged that on 11.11.1995, the accused demanded money from the complainant and as the complainant did not give the same, she was severely beaten by the accused. It is also alleged that when she went to her in -laws place, the accused No. 2 and her husband did not allow her to enter their house and they were taken to Vadodara in a Maruti Car and left them on footpath. Therefore, the complainant lodged complaint against the accused -respondents for the offences punishable under Sections 498 -A and 114 of Indian Penal Code. Thereafter, after investigation, the Police filed charge -sheet against the accused in the Court of learned Magistrate.

(3.) TO prove the case against the present respondent -accused, the prosecution has examined as many as five witnesses and also produced documentary evidence.