AFSANA Vs. SARFARAJ AHAMAD MAINODIN PATEL

JUDGEMENT

(1.) This Criminal Appeal is directed against twin concurrent judgments passed by the trial Court dtd. 18/1/2019 acquitting the private Respondents and the Sessions Court in Appeal dtd. 15/9/2022 upholding their acquittal. The judgment of the trial Court is appended at page No.31 and judgment of the Sessions Court is appended at page No.9 of the present Appeal. Ms. Zende, learned Advocate appears for Appellant who is the first informant / Complainant aggrieved by the aforementioned twin judgments exonerating the private Respondents from the charge of offences punishable under Ss. 498A, 323, 504 and 506 of the Indian Penal Code (IPC). Respondent No.1 is the husband of Appellant whereas Respondent Nos.2 to 9 are the family members / relatives of the husband.

(2.) Briefly stated the Respondent No.1 (accused No.1) married with Appellant on 26/6/2011. It was a marriage culminated after a love affair between the parties. It is prosecution case that Respondent No.1 was working as teacher in Zilla Parishad school at Village Ghotage in district Solapur. He was an office bearer of the Students Federation of India Organization. It is prosecution case that Appellant was a member of the said organization where she befriended Respondent No.1 on account of various programmes conducted by the said organization and they subsequently decided to get married. It is prosecution case that P.W.3 ' mother of Appellant incurred expenses of approximately Rs.3,00,000.00 (Rupees Three Lakh Only) for their marriage and in addition to that Appellant was offered a 2 tola gold ring and cash of Rs.50,000.00 (Rupees Fifty Thousand only) by her. Prosecution led evidence of two family members namely PW-2 and PW-3 being the mother and sister of Appellant alongwith evidence of PW-4 i.e. the Appellant herself. Allegation was to the effect that pursuant to marriage after a lapse of 9 months, Respondent No.1 and his family members treated the Appellant with cruelty by incessantly demanding the Appellant to cater their unlawful demands. There are two specific incidents which have been alleged by the complainant which find mention in the FIR lodged by her. Prosecution case under Sec. 498A, 323, 504 and 506 of the IPC is based on two incidents.

(3.) The two incidents are dtd. 7/1/2012 and 18/9/2012 which are after a lapse of 7 months (first incident) and 15 months (second incident) of marriage. The first incident pertains to an alleged demand of Rs.1,50,000.00 from complainant Appellant by Respondent No.1 - husband by making a telephonic call asking her to meet him personally on 7/1/2012. It is alleged that the telephone conversation / message for the Appellant to meet Respondent No.1 was received by her from the mobile phone of a lady called Ms. Asma and when Appellant inquired about her with Respondent No.1, he assaulted her on her leg by a stick and blade causing injuries on her stomach. In so far as this incident is concerned after the allegation is made, there is no corroborative evidence i.e. either medical evidence or any other evidence placed on record by the prosecution to prove this incident and also the injuries. Appellant did not report this incident. That apart the incident of demand of Rs.1,50,000.00 (Rupees One Lakh Fifty Thousand only) has not been proved by the prosecution by leading any evidence and this fact has found favour with both the Courts below in rejecting the case of Appellant in so far as the first incident is concerned.