PURNIMA PATRA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In assailment is the judgment and order of acquittal dated October 7, 2021 passed by the learned Additional Sessions Judge, Fast Track, 1st Court, Contai in Sessions Trial no. 3/April/2014 arising out of Sessions Case no. 550/October/2013 acquitting the accused persons of the charges under Ss. 498A/313/307 of the Indian Penal Code, 1860.

(2.) The case of the prosecution, at the trial, was that, the private respondents being the husband and relatives of the de facto complainant, continuously mentally and physically tortured the de facto complainant. On June 28, 2010, in furtherance of common intention, the private respondents voluntarily caused the de facto complainant, then pregnant, to miscarry without her consent. Such miscarriage was not caused by the private respondents on good faith. On September 11, 2011, in furtherance of common intention, the private respondents attempted to murder the de facto complainant by pouring kerosene oil on her body and set her saree on fire with the intention and knowledge that, under such circumstances, it would cause death to the de facto complainant.

(3.) The appellant, lodged a written complaint with the police on November 18, 2011, accusing the appellant of torture, demand for dowry causing miscarriage and attempting to murder her. On the basis of such written complaint, a formal First Information Report being Contai Police Station Case no. 268 of 2011 dated November 18, 2011 was registered. On conclusion of the investigations, police filed charge sheet against the private respondents. The Court framed charges against the private respondents on April 22, 2014 under Ss. 498A/313/307 of the Indian Penal Code, 1860.