ANJU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant revision petition has been filed by the petitioner/complainant against judgment and order dtd. 23/1/2023 passed by the learned Sessions Judge, Chittorgarh, in Cr. Appeal No. 1/2022 whereby, the learned Appellate Court partly allowed the appeal filed by the accused- respondents No. 2 to 4 and modified the judgment and order of conviction dtd. 20/12/2021, passed by the learned Chief Judicial Magistrate, Chittorgarh in Regular Cr. Case No. 1436/2018. The learned Appellate Court by its order acquitted the accused-respondents No. 3 and 4, Sandeep & Jagdish Chandra, from offence under Sec. 498A IPC and while maintaining the conviction of accused-respondent No. 2 Pankaj for offence under Sec. 498A IPC, set aside his sentence and instead gave him the benefit of probation under Sec. 4 of Probation of Offenders Act and directed him to pay Rs.5,000.00 as compensation to the petitioner/complainant.

(2.) Briefly stated, the prosecution case as set up is that 4/4/2018, the petitioner/complainant submitted a written report before the concerned Police Station to the effect that her marriage was solemnized with the accused- respondent No. 2 Pankaj on 30/4/2015 according to Hindu rites and customs. At the time of marriage, her parents provided a dowry commensurate with their financial capacity. Out of the said wedlock, one male child was born. It was alleged that after some time of marriage, her husband and his family members started harassing the petitioner-complainant for bringing picayune dowry and also gave beatings and subsequently, the accused-respondents ousted the petitioner/complainant from the matrimonial home. On the said report, Police registered a case and started investigation.

(3.) On completion of investigation, the police filed challan against the accused respondents. Thereafter, the Trial Court framed charges for offences under Ss. 498A, 406 IPC. The accused respondents pleaded not guilty and claimed trial.