SUSHILA Vs. PREM CHAND AND ORS.

JUDGEMENT

(1.) THIS Cr. Revision Petition has been filed by the petitioner against the judgment dated 1st March, 2006 passed by Addl. Chief Judicial Magistrate, Malpura, District Tonk in Cr. Case No. 250/2002, whereby the learned trial court acquitted the accused respondents for the offence under Sections 498A and 406 IPC.

(2.) BRIEF facts of the case are as under:

(3.) LEARNED counsel for the petitioner has contended that impugned judgment is contrary to the law, facts and material on record. He has further contended that while acquitting the accused respondents, the learned trial court did not appreciate that there was sufficient evidence available on record to connect the accused respondents with the offence alleged against them. The court below has failed to appreciate the evidence of prosecution witnesses and recorded acquittal on the basis of minor contradictions. He has further contended that while acquitting the accused respondents, the learned trial court has unnecessarily been swayed by the fact that father of the complainant was a police man and he was expected to act differently and rather in unorthodox manner than a common man, who would have acted in the given circumstances. The testimony of Dr. Arjun Das PW -5 has proved that the petitioner was subjected to harassment by the accused respondents on 12.4.2001 leading to her hospitalization, but the learned trial court has discarded this sterling worth evidence on flimsy and arbitrary grounds. He has further contended that while acquitting the accused respondents, the learned trial court has given undue weightage to the fact that payment of Rs. 25,000/ - by father of the complainant by way of dowry was not mentioned in the FIR. In this regard, the learned trial court has failed to appreciate that payment of Rs. 25,000/ - by way of dowry was well established from the evidence on record and mere absence of this fact in the FIR could not be a ground to acquit the accused respondents, therefore, judgment passed by the trial court deserves to be quashed and set -aside and the accused respondents should be convicted for the alleged offences.