NUSRAT PARVEEN Vs. STATE OF JHARKHAND AND OTHERS

JUDGEMENT

(1.) Heard learned counsels for the parties.

(2.) This criminal miscellaneous petition for grant of leave to appeal is against the judgment of acquittal dated 09.07.2010 in Complaint Case No.1265/06 (T.R. No. 855/10), passed by the learned Judicial Magistrate, 1st Class, Ranchi, whereunder, opposite party Nos. 2 to 5 herein were acquitted from the charges under Section 498-A of the Indian Penal Code and under Sections 3 and 4 of the Dowry Prohibition Act.

(3.) According to the complaint petition of Nusrat Parveen, she was married to opposite party No.2 herein, Afjal Hussain. After marriage she went to her "sasural" in June, 2004. A male child was born to the complainant Nusrat Parveen. Accused Afjal Hussain in connivance with other three accused persons i.e. Md. Rashid Hussain, brother of opposite party No.2 herein, Sayed Hussain, father of opposite party No.2 herein and Khairun Nisa, mother of opposite party No.2 herein started torturing complainant and demanded Rs. 50,000/- cash and a motorcycle from the parents of the complainant. Complainant's father could not fulfill the demands of the accused persons. Meanwhile, complainant became pregnant for second time and gave birth to a female child. In December, 2005, Afjal Hussain came to the parental house of complainant and forcibly took her away along with her son. Father of the complainant, thereafter, went to village Kuju to bring back his daughter. All the accused persons have tortured the complainant by using filthy words and demanding Rs. 50,000/- and a motorcycle. Afjal Hussain assaulted several times. He had threatened the complainant that if his demand is not fulfilled, he will solemnize another marriage with someone else. Accused persons sprinkled kerosene oil and tried to set aflame the complainant, but, neighbours awoke and saved the complainant's life. Thereafter, the complainant's father went to the "sasural" of his daughter and brought her back with him. Complainant had sustained physical and mental injuries caused by torture meted out by the accused persons.