In an appeal against acquittal under Section 498-A IPC, the High Court of Chhattisgarh dismissed the appeal as it was devoid of substance, holding that alternative views possible should favor the accused and medical evidence was lacking.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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HIGH COURT OF CHHATTISGARH, BILASPUR
Criminal Appeal No. 612 of 2001
The State of Chhattisgarh ---- Appellant
Versus
1. Jagannath alias Panna, Aged about 25 years, S/o. Thanuram Bhargav.
2. Sukhmin, aged about 40 years, W/o. Thanuram Bhargav. Both R/o. Village Charra, Police Station Kurud, District Dhamtari.
---- Respondents
For Appellant : Mr. Anil S Pandey, Govt. Advocate For Respondents : Mr. R.S. Patel, Advocate
Hon'ble Shri Justice Ram Prasanna Sharma Judgment On Board
06.11.2017
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respondents before the trial Court under Section 498-A of the IPC, to which the respondents did not plead guilty and the trial was conducted and after completion of the trial, the trial Court acquitted both the respondents.
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demanded Rs. 5,000/- for marriage of her daughter and in failure of fulfillment of demand they assaulted Ishwari Bai (PW-1). But version of this witness is also different from her previous version which she stated before the Investigating Officer. In her previous statement she stated that husband of Ishwari Bai (PW-1) assaulted her because she was talking with the women of neighborhood. All the witnesses have stated different story in different stages and in their previous statement no one has stated that any unlawful demand was made to Ishwari Bai (PW-1) and she has been harassed to meet any such demand.
(a) Any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health(whether mental or physical) of the woman; or
(b) Harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.
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by the trial Court is one of the possible view and it is settled law that if two views are possible then the view which is in favour of the accused should be preferred. It is not the case where the findings arrived at by the trial Court is perverse of factual matrix. It is also not a case that the trial Court has overlooked legal aspect of the matter. In criminal case no findings can be arrived at by inference and facts should be established by cogent and reliable evidence. It cannot be said that the findings arrived at by the trial Court is perverse or not based on sound principal of law. Accordingly, the appeal being devoid of any substance is liable to be and is hereby dismissed.
Sd/-
(Ram Prasanna Sharma)
JUDGE
Santosh
1 issue framed by the court
Whether the High Court should allow the appeal challenging the acquittal of respondents for allegedly not appreciating evidence under Section 498-A of the IPC.
The State of Chhattisgarh
Jagannath alias Panna
Sukhmin
Ram Prasanna Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
