VANDANA SHRIDHAR PISE Vs. SHRIDHAR KISAN PISE

JUDGEMENT

(1.) HEARD Shri. De, learned counsel for the applicant, Shri. Firdos Mirza, learned counsel for non-applicants No. 1 & 2 and Shri. Loney, APP for non-applicant No.3.

(2.) THE applicant herein has approached this Court by this Criminal Revision Application for challenging the judgment and order passed by the Judicial Magistrate First Class, Brahmapuri in Regular Criminal Case No. 30 of 1996 passed on31-12-1999, whereunder non-applicants Nos. 1& 2 came to be acquitted of the offence under Section498-A read with Section34 of Indian Penal Code.

(3.) AS against that the learned counsel for non-applicants No. 1 & 2, Shri. Firdos, submitted that the trial Court assessed the evidence in correct perspective. He pointed out the glaring inconsistency in the evidence right from the inception of initiation of proceeding. He submitted that the applicant has not even averred that there was harassment to her by non-applicants No. 1 & 2 for non-fulfilment of unlawful demand. Even as regards the harassment and cruelty regarding which the applicant and her father have given evidence before the Court, does not stand to be probable and plausible much less it is supported by any cogent reasons. To support his submissions, he placed reliance on the decision of the apex Court in 2002 (4) Mh. L. J. 5 : [2002 ALL MR (Cri) (S. C.) 1669], Girdhar Shankar Tawade, Appellant Vs. State of Maharashtra, Respondent. The apex Court has stated that harassment of a woman would not constitute cruelty in absence of evidence that such harassment was with a view to coerce her to meet any unlawful demand for dowry, which is the gist of offence punishable under Section498-A of I. P. C. He, therefore, urged that the application needs no consideration and should be dismissed.