APARAJITA CHAKROBORTY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an appeal against acquittal filed by the de facto complainant of G.R.Case No.199 of 2003 arising out of Jagatdal Police Station Case N.392/03 dtd. 29/1/2003.. The accused persons/Private respondents were acquitted from the charge under Sec. 498A of the Indian Penal Code. The de facto complainant being aggrieved has assailed the said judgment and order of acquittal.

(2.) On 29/1/2003, the de facto complainant lodged a written complaint before the Officer-in-Charge , Jagatdal Police Station alleging, inter alia, that her marriage was solemnized with the respondent No.2, Anup Chakroborty according to Hindu Rites and Ceremonies. After marriage she went to her matrimonial home to lead conjugal life with her husband. It is alleged that her husband and mother-in-law were not satisfied with the bridal gifts given at the time of her marriage and they demanded a sum of Rs.20,000.00 to be brought by the de facto complainant from her parents. When the de facto complainant refused to such proposal, her husband put pressure upon her to be engaged with surrogacy to bear a baby of one of his friend. The de facto complainant sternly refused such proposal. At this, the husband of the de facto complainant and her mother-in-law started torturing her both physically and mentally. She was not offered with proper food. On one occasion, the mother-in-law of the de facto complainant spilt hot oil on her body causing burn injury. Failing to bear such torture she returned to her paternal home on 21/10/2001. However, after view days, the husband of the de facto complainant went to her paternal home and bring her back to his house with the assurance that she would not be tortured in future. But subsequently also the de facto complainant was subjected to physical and mental torture and she was compelled to leave her matrimonial home on 9/6/2002. The husband and the mother-in-law of the de facto complainant did not even allow her to take her minor children with her. On the basis of the said complaint, police registered a case under Sec. 498A of the Indian Penal Code and took up the case for investigation. On completion of investigation, charge-sheet was submitted against the husband and mother-in-law of the de facto complainant and both of them face trial. Charge was framed against them under Sec. 498A of the Indian Penal Code. The mother-in-law of the de facto complainant died during the pendency of the case and the case was filed as against the accused Alpana Chakroborty by the Trial Court.

(3.) The husband of the de facto complainant face trial. On completion of trial, the learned Trial Judge recorded an order of acquittal in favour of respondent No.2, Anup Chakroborty. Hence the appeal.