SMT. SUMAN Vs. MUKESH

JUDGEMENT

(1.) - CRM-30893 of 2015

(2.) The present application has been filed under Sec. 378(4) of the Code of Criminal Procedure for granting leave to appeal against judgment of acquittal dated 03.04.2015 passed by the Chief Judicial Magistrate, Fatehabad, whereby, complaint filed by the applicant under Sections 498-A, 323, 406 and 506 of Indian Penal Code (for short 'IPC'), has been dismissed and the accused-respondent has been acquitted of the charge.

(3.) Briefly, the facts of the case as per prosecution version are that marriage of applicant was solemnized with the respondent on 27.07.2007. The applicant was harassed by the respondent for giving insufficient dowry. She filed a complaint wherein notice was issued to respondent. Thereafter, preliminary evidence was recorded before the trial Court. The complainant reiterated the allegations made in the complaint while appearing as CW1. A report was also filed by local Police under Sec. 202 Crimial P.C. The respondent was summoned in that complaint to face trial for offence punishable under Sections 498- A and 323 Penal Code. However, the complaint was dismissed qua the allegations levelled under Sec. 506 Penal Code vide order dated 09.06.2014. In pre-charge evidence, the complainant again reiterated the same allegations as mentioned in the complaint. She also tendered a list of dowry articles. One Inder Raj also appeared as CW2 as he was witness to the marriage between the parties. By finding a prima facie case for offence punishable under Sections 498-A and 323 IPC, charge was framed against the accused-respondent but he pleaded not guilty and claimed regular trial. After framing of charge, the evidence of the complainant was closed on 23.01.2015 by order of the Court as the complainant failed to lead any fresh evidence in spite of giving sufficient opportunities.