STATE OF A. P. Vs. MOHD YOUNUS

JUDGEMENT

(1.) The appellant-State filed the present appeal by invoking the provision under Section 378(1) and (3) of the Code of Criminal Procedure, challenging the judgment dated 24.11.2006 in C.C.No.49 of 2002 on the file of the XIII Additional Chief Metropolitan Magistrate (Mahila Court), Hyderabad, wherein and whereby the learned Magistrate acquitted the respondents/A1 and A3 for the offence punishable under Section 498-A IPC and under Sections 4 and 6 of Dowry Prohibition Act.

(2.) The case of the prosecution, in brief, is that on 24.08.2001 at 1245 hours, the de-facto complainant lodged a report stating that her marriage was performed with A1-Mohd. Younus on 08.05.1996 as per Muslim rites and customs, and at the time of marriage, her parents gave an amount of Rs.50,000/-, one alimrah, household articles and 10 tulas of gold. Thereafter, she joined with her husband and in-laws and later, her husband demanded her to bring dowry of Rs.50,000/- from her parents and when she expressed her parents inability, her husband and in-laws used to insult and abuse her in several times, due to the said harassment, her father gave an amount of Rs.3500/- to her husband. Even thereafter, her husband used to harass her physically and mentally by demanding additional dowry for establishment of a new shop and that even after the birth of a female child in the year 1999 and after a panchayat held by the elders, her husband failed to look after them, but the accused demanded her to bring additional dowry of Rs.1.00 lakh or else her husband will marry another lady. Based on the said complaint, a case in Cr.No.80 of 2001 was registered for the offences under Sections 498-A IPC and under Sections 4 and 6 of Dowry Prohibition Act, against the accused.

(3.) Heard learned Assistant Public Prosecutor for the appellantState, Sri A. Jeevan Kumar, learned counsel for the respondents/A1 and A3 and perused the record.