ROSHNI Vs. KRISHAN

JUDGEMENT

(1.) RESPONDENT had faced trial under Section 506 of the Indian Penal Code, 1860 in a complaint filed by the complainant. The trial Court vide judgment dated 23.1.2013 acquitted respondent of the notice of accusation framed against him. Hence, the present petition by the complainant. I have heard the learned counsel for the petitioner and have gone through the record available on the file carefully.

(2.) THE case of the petitioner, in brief, was that Maha Singh (since deceased) got married to Sarjo and they were blessed with three daughters out of the said wedlock. Maha Singh again got married to Sumitra and, thereafter, started harassing Sarjo. Due to this reason, there was a lot of litigation pending between him and Sarjo. On 22.9.2003, petitioner and her mother Sarjo were present in the Court premises with regard to maintenance proceedings and they were assaulted by the accused. Accused also threatened the petitioner and her mother to withdraw litigation filed by them.

(3.) THEIR Lordships of the Supreme Court in Allarakha K. Mansuri vs. State of Gujarat : 2002 (1) RCR (Criminal) 748, held that where, in a case, two views are possible, the one which favours the accused, has to be adopted by the Court.