LAWS(J&K)-2019-5-44

NEERU SHARMA Vs. RAJ KUMAR SHARMA

Decided On May 17, 2019
NEERU SHARMA Appellant
V/S
RAJ KUMAR SHARMA Respondents

JUDGEMENT

(1.) This acquittal appeal has been filed by the appellant-Neeru Sharma against the judgment of acquittal dated 23rd April, 2005 passed by learned Judicial Magistrate 1stClass (Sub-Judge), Jammu on a complaint filed by the complainant/appellant herein and registered as File No. 11/Complaint dated 16th April, 2002, whereby the respondents have been acquitted of the charges under Sections 405, 406 RPC.

(2.) In the memo of appeal, it is stated that the trial court has failed to appreciate the evidence brought on record by the complainant/appellant herein in its right perspective and appears to have been swayed away by minor discrepancies. It is stated that trial court has totally misdirected itself in appreciating the evidence adduced by the appellant in support of her complaint.

(3.) The case of the appellant is that she was married to the respondent No.1 on 19th Sept., 1999 at Jammu as per Hindu Rites and Customs. It is stated that marriage of the appellant and the respondent No.1 was arranged marriage and the father of the appellant besides entertaining the marriage party, also gave dowry as per his financial status at the time of marriage. In addition to the dowry items, parents of the appellant presented numerous gifts and household items, which included the personal clothing and the jewelry of the appellant. It is further stated that all these items of clothing and jewelry were taken possession of by the respondents and remained with them till the appellant was turned out of her matrimonial home on 21st April, 2000. Thereafter, despite several efforts made by the parents of the appellant, the respondents did not take the appellant back to her matrimonial home.