KHAN NUROOLJAHAN Vs. STATE OF RAJASTHAN AND ANR

JUDGEMENT

(1.) This Cr. Revision Petition has been filed by the petitioner against the judgment dated 7th February, 2011 passed by Addl. Sessions Judge (Fast Track) No.5, Jaipur City, Jaipur in Appeal No. 177/2010 (752/2010), whereby she allowed the appeal and set-aside the judgment of conviction and sentence dated 3.7.2010 passed by Judicial Magistrate No. 15, Jaipur city, Jaipur in Cr. Case No. 665/2006 and consequently acquitted the accused respondent for the offence under Section 498A IPC.

(2.) Brief facts of the case are that the petitioner filed a complaint against the respondent for the offence under Sections 498A, 323, 341, 504, 120B IPC on the ground of committing cruelty, physical & mental harassment, torture. The said complaint was forwarded for investigation under Section 156(3) to police. After investigation, the police filed a challan in the competent court against the respondent for the offence under Section 498A IPC. Thereafter trial court took cognizance against the respondent and read over substance of the charge to the respondent, who denied for the same and claimed for trial. The prosecution produced its witnesses and got exhibited some documents. Thereafter the statement of the respondent was recorded under Section 313 CrPC. After hearing both the sides, the learned trial court convicted and sentenced the respondent vide his impugned judgment dated 3rd July, 2010. Against the said judgment, the respondent preferred an appeal. The appellate court vide judgment dated 7.2.2011 set-aside the judgment of conviction and sentence of the trial court and acquitted the respondent.

(3.) Against the said judgment, this revision petition was preferred.