SHAIK IQBAL JOHN Vs. SHAIK KHADER BASHA

JUDGEMENT

(1.) While the appeal is filed by the State, the revision is filed by P.W.2 in C.C. No.203/1998, dated 9.9.1999, on the file of the n Additional Judicial I Class Magistrate, Cuddapah. Since both the cases arise out of the same case, they are disposed of by a common judgment.

(2.) Smt. Shaik Mumtaj Begum lodged a report with the police alleging that at the time of her marriage with Al, a sum of Rs.10,000/-, a Godrej co., an almirah, and some household articles besides some gold ornaments were given to Al. After she joined her matrimonial home, A1 to A6 started harassing her to bring additional dowry and unable to bear the harassment, she came back to her parents' house. After completion of investigation, the police filed a charge-sheet which was registered as C.C. No.203/1998. Charges under Section 498A IPC and Sections 3 and 4 of the Dowry Prohibition Act were framed. The accused denied their guilt. On behalf of the Prosecution six witnesses were examined and two documents were marked. The Trial Court on assessment of the evidence on record came to the conclusion that the Prosecution miserably failed to establish the charges. It accordingly acquitted the accused by its judgment, dated 9.9.1999, challenging the legality and correctness of which the appeal and the revision petition came to be filed as aforesaid.

(3.) The charges levelled against the accused are under Section 498-A IPC and Sections 3 and 4 of the Dowry Prohibition Act. Under Section 3 of the Dowry Prohibition Act, if any person gives or takes or abets the giving or taking of dowry shall be punishable. Under Section 4 if any person demands, directly or indirectly, from the parents or other relatives or guardian of a bride or bridegroom, as the case may be any dowry, he shall be punishable. Dowry is defined under Section 2. It reads as follows: 2. Definition of 'dowry' :In this Act, "dowry" means any property or valuable security given or agreed to be given either directly or indirectly (a) by one party to a marriage to the other party to the marriage; or (b) by the parents of either party to a marriage or by any other person, to either party to the marriage or to any other person, at or before or any time after the marriage in connection with the marriage of the said parties, but does not include dower or mahr in the case of persons to whom the Muslim Personal Law [Shariat] applies.