In an application under Section 378 CrPC for leave to appeal against acquittal in a dowry harassment and cheating case, the Single Judge held that the prosecution failed to prove misappropriation of dowry or cruelty beyond doubt, and dismissed the application.
Leave to appeal against the acquittal of respondents was denied.
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.
CRM-A No.169-MA of 2012
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-A No.169-MA of 2012
Date of decision : 16.07.2012
Anju Bala
...Applicant-appellant
Versus
Bikramjit Singh and others
...Respondents
CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN
Present: Mr. Surinder Garg, Advocate, for the petitioner.
JITENDRA CHAUHAN, J. (Oral)
The applicant-Anju Bala has preferred this application under Section 378(3) of the Code of Criminal Procedure for grant of leave to appeal against the acquittal of respondent Nos.1 and 2 vide judgment dated 02.08.2011 passed by the learned Sessions Judge, Faridkot (for short, 'the first appellate Court').
Respondent Nos.1 and 2 were tried by the Court of learned Chief Judicial Magistrate, Faridkot, (for short, 'the trial Court') and convicted and sentenced for commission of offence punishable under Sections 406/498-A of the Indian Penal Code vide judgment of conviction and order of sentence dated 08.01.2010. Feeling aggrieved,
CRM-A No.169-MA of 2012
respondent Nos.1 and 2, approached the first appellate Court, which reversed the findings recorded by the learned trial Court and acquitted them of the charge framed against them. Hence, the present application.
Heard.
The allegations levelled against the respondents are that the dowry articles brought by Anju Bala at the time of her marriage with the accused-respondent Bikramjit Singh were entrusted to the accused who later on misappropriated the same thereby committing breach of trust. It is further the case of the prosecution that Anju Bala was meted out with cruelty and harassment for demand of dowry.
From the record, it is made out that the prosecution has miserably failed to prove its case beyond doubt. There is no specificity in the allegations levelled inasmuch as no evidence is there on record to prove that as to which dowry articles were entrusted to which accused, whether Anju Bala ever demanded back the dowry articles and whether she was refused by the accused to return the same. Therefore, the learned first appellate Court has rightly come to the conclusion that the necessary ingredients of misappropriation are not fulfilled in the present case. The prosecution has further failed to prove that Anju Bala was treated with cruelty or harassment so as to force her to cause grave bodily injury to herself or to commit suicide. Not even a single
CRM-A No.169-MA of 2012
instance has come on record to substantiate the allegation of cruelty.
In these circumstances, the learned first appellate Court has rightly held that the prosecution has failed to prove its case beyond reasonable doubt and acquitted respondent Nos.1 and 2 of the charges framed against them.
Hence, no ground for grant of leave to file an appeal is
made out.
Dismissed.
16.07.2011
atulsethi
(JITENDRA CHAUHAN) JUDGE
3 issues framed by the court
Whether leave to appeal against the acquittal of accused for offences under Sections 406/498-A IPC should be granted.
Whether prosecution succeeded in proving misappropriation of dowry articles.
Whether prosecution successfully proved cruelty or harassment amounting to dowry harassment.
2 provisions across 2 enactments
Anju Bala
Bikramjit Singh
others
Jitendra Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
