TABIBUN NESHA Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS appeal is directed against the judgment of acquittal dated 17.06.2005 of the learned Judicial Magistrate, 1st Class, Rangia in Case No.325(C)/2002, by which the accused/respondent No.2 has been acquitted of the charges u/s 498A/406 IPC.

(2.) I have heard Mr. K. Devnath, learned counsel appearing for the appellant. None has appeared for the respondent No.2. However, Mr. D. Das, learned Additional Public Prosecutor, Assam is present on behalf of the State.

(3.) THE complainant/appellant had filed a complaint before the learned Chief Judicial Magistrate, Kamrup on 01.12.2000 alleging, inter -alia, that her husband although married her according to Muslim Shariyat on 14.03.1998 and out of the said wedlock, a female child was born, but soon thereafter, he started maltreating her demanding dowry. She made the specific date of such maltreatment as 28.09.2000 and 25.11.2000. According to the complainant, she was subjected to cruelty very often.