ARIF KHAN Vs. AYYUB AND ORS.

JUDGEMENT

(1.) - The applicant/complainant has filed this petition under section 378(3) Code of Criminal Procedure, 1973 (for short 'The Code') for the grant of leave to appeal against judgment dated 25/11/2017 passed by 2nd Additional Sessions Judge, Khargone, in S.T. No. 84/2011, whereby the respondent No. 1-Ayyub and No. 2 Wasim have been acquitted from the charge under Sections 420, 467, 468 and 471 read with Section 34 of the IPC.

(2.) In brief the facts of the case are like that on 10/01/2010, the applicant/complainant-Arif Khan lodged a written complaint to the Police-Station-Khargone alleging that the accused persons/respondent Nos. 1 and 2 came to his house on 02/01/2005 for proposal of marriage of respondent No. 2-Wasim Khan with his daughter Muskan-Bi. At that time it was said by the respondent No. 1 that the respondent No. 2 has passed the Higher Secondary Board Examination in First Division and he pursuing the DMLT Course from Subhishi Hospital, Khargone. Respondents also depicted the mark-sheet of the respondent No. 2-Wasim. Looking to the qualification of the respondent No. 2-Wasim, he agreed to marriage. The marriage of his daughter was solemnised with the respondent No. 2 in the year, 2007. Thereafter, applicant/complainant came to know that respondent No. 2-Wasim did not pass Higher Secondary Exam and the mark-sheet provided by the respondents was also found to be fake, thus, they cheated the complainant. On the basis of aforesaid complaint FIR was registered against them and after completion of the investigation charge-sheet was filed.

(3.) Learned trial Court after due appreciation of the evidence on record acquitted the respondent Nos. 1 and 2-Ayyub and Wasim from the charge under Sections 420, 467, 468 and 471 read with Section 34 of the IPC.