STATE OF MAHARASHTRA Vs. GOLMAHAMAD NOORMAHAMAD SHAIKH

JUDGEMENT

(1.) This is an Application for leave to file an Appeal as contemplated under Section 378(3) of the Criminal Procedure Code, against the impugned judgment and order dated 26th September 2013 passed by the Learned District Judge -6 and Additional Sessions Judge, Thane in Sessions Case No.158 of 2009 thereby acquitting the Respondents for the offence charged against them. The Respondent Nos.1 to 6 were charged for the offence under Section 498(A) read with Section 34 of the Indian Penal Code and the Respondent No.7 was charged for committing an offence under Sections 376 and 506 of the Indian Penal Code.

(2.) The record discloses that the complainant Smt. Tarrannum was married to the Respondent No.2 Noormahamad Gulmahamad Shaikh in the year 2004. The Respondent Nos.1 and 3 are the in-laws of the complainant. The Respondent Nos.4, 5 and 6 are the sisters-inlaw of the complainant and the Respondent No.7 is the husband of the Respondent No.4. After marriage the complainant Tarrannum started residing with her husband and in-laws. The husband of the complainant Tarrannum owned an Indica car. That after one month of the marriage, the in-laws of the complainant started taunting her on one or the other counts. After some days as the vehicle of her husband required repairs, her in-laws asked her to bring Rs.5,000/- from her parents. Therefore her brother gave an amount of Rs.5,000/-. The record further discloses that as per the complaint, the in-laws again demanded a sum of Rs.10,000/- and the said demand was also fulfilled with. The Respondent Nos.1 to 6 used to ill treat and abuse the complainant. The complainant has further stated that on 6th November 2007 the Respondent No.7 i.e. the husband of her sister-in-law (Respondent No.4) left his wife and her mother-in-law on the railway station as they were to go to Gujarat and came to the house and while the complainant was alone in the house, he had forcible sexual intercourse with her. The complainant thereafter lodged a complaint dated 8th December 2007 at Thane Nagar Police Station for the offence under Sections 498(A) read with 34 of the Indian Penal Code against the Respondent Nos.1 to 6 and for the offence under Sections 376 and 506 against the Respondent No.7.

(3.) The record further discloses that the investigating agency investigated the matter and after completion of the investigation submitted a charge-sheet against the Respondents in the Court of Judicial Magistrate, First Class, Thane. The Learned Magistrate committed the said case to the Court of Sessions. After committal of the said case the Trial Court framed charge below Exhibit 8. The said charge was read over to the Respondents in vernacular language to which they denied and claimed to be tried. The prosecution examined in all eight witnesses in support of its case. The Learned Trial Court after recording the evidence and after hearing the parties to the Sessions Case No.158 of 2009 has acquitted all the Respondents from the charges framed against them.