REKHA RANI Vs. SANJIV KUMAR

JUDGEMENT

(1.) The present revision petition has been preferred against the judgment dtd. 17/10/2012 passed by learned Additional Sessions Judge, Patiala, vide which respondents No.2 and 3 have been acquitted in complaint filed under Ss. 406, 498-A and 120-B IPG.

(2.) Briefly stated, the facts of the case of prosecution are that the complainant, Rekha Rani, was married to accused Sanjiv Kumar on 5/12/1997 as per Hindu rites, and her parents gave various household articles and gifts, which were entrusted to the accused persons as \stridhan. After the marriage, she started residing at her matrimonial home in Malerkotla. After the marriage, no child was born from the wedlock. Thereafter, the accused persons expressed dissatisfaction with the dowry articles and they started demanding a Maruti car and a 4-tola gold necklace for Radha Rani, and they also insisted on cash payments for a scooter and colour television. Rekha Rani alleged that she was subjected to physical and mental cruelty by her husband, who was instigated by his relatives including Renu Bala (his sister) and her husband Mukesh Kumar. She stayed at her matrimonial home until 16/1/1998, but was forced to leave due to the continued harassment. On the promise of meeting a further demand of Rs.50,000.00 in cash, she returned on 25/4/1998, but was again assaulted and turned out of her matrimonial home on 19/5/1998. A panchayat was convened by her parents, but the accused misbehaved with the members and refused both reconciliation and return of her dowry articles. Hence, the complaint under Ss. 406, 498-A, and 120-B IPC was filed.

(3.) Having heard the learned counsel for the parties and after perusing the record of the case with their able assistance, it transpires that the main reason for the acquittal of the accused persons namely Radha Rani and Anil Kumar was the lack of specific and consistent allegations against Radha Rani and Anil Kumar, despite serious allegations having been levelled generally against the "in-laws." The complainant Rekha Rani, in her deposition while appearing as CW-1, deposed about the demand for a Maruti car and Rs.50,000.00 in cash, and stated that she was harassed and eventually thrown out of her matrimonial home, however, she did not attribute any overt act of cruelty or demand specifically to Radha Rani or Anil Kumar. Similarly, CW-2 Lal Chand and CW-3 Vijay Kumar corroborated the demand of dowry and the harassment meted out to Rekha Rani by Sanjiv Kumar, but again failed to provide precise and credible testimony linking the other accused for the act of cruelty and misappropriation. Notably, CW-3 Vijay Kumar has testified that his daughter was beaten up and expelled from her matrimonial home, but he, too, did not elaborate on the individual roles of the co-accused. In the absence of detailed and direct allegations, the learned Court below was bound to acquit the accused persons as the case of the prosecution was not proved.