SAPNA Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Through the instant application filed under Section 378(3) of the Code of Criminal Procedure, 1973 (for shortCr.P.C.), the applicant seeks the grant of leave against the judgment dated 21.4.2015 passed by the Additional Sessions Judge, Yamuna Nagar at Jagadhri (for short-the trial Court), through which respondents No.2 and 3 were acquitted of the charges framed against them under Section 376(2) of the Indian Penal Code, 1860 (for short-the Code) and Section 4 of the Dowry Prohibition Act, 1961 (for shortthe Act).

(2.) Briefly stated, the case of the prosecution is that respondent No.2-Sunny, who was on visiting terms to the house of the prosecutrix, developed physical relations with her by alluring her for marriage and when this fact came to the knowledge of their families, a panchayat was convened and with the consent of both the families, they decided that court marriage between the prosecutrix and respondent No.2-Sunny would be performed. However, the relatives of respondent No.2-Sunny started making demands of dowry and since the same were not met, respondent No.2-Sunny did not come to marry the prosecutrix on the arranged day in spite of the fact that the family of the prosecutrix had made all arrangements for the wedding. When the family of the prosecutrix went to the house of the respondent No.2, they were informed that till the time the demands for dowry are met, the wedding would not take place.

(3.) On completion of investigation, final report under Section 173 CrPC was filed in the Court of Illaqa Magistrate against respondents No.2 and 3 but since the subject matter of proceedings was triable by the Court of Sessions, the case was committed to the Court of Sessions from where it was marked to the trial Court, who on finding a prima facie case, charged respondents No.2 and 3 for offences punishable under Section 376 of the Code and Section 4 of the Act. When both the accused pleaded not guilty, they were put on trial.