The High Court treated a Criminal Revision Case as an Appeal. The court dismissed the appeal holding that the acquittal was correct as prosecution witnesses were contradictory and no independent witness supported the prosecution version regarding dowry demand.
The Criminal Appeal is dismissed and the trial court's order of acquittal is affirmed.
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.
[33021
IN THE HIGH COURT FOR T+IE STATE OF TELANGANA AT HYDERABAD
TUESDAY ,THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE K. SURENDER
CRIMINA L APPEA L NO: 101 20F 2024
Appeal filed under Section- 37Bg) ot Cr.p.C., against the Judgment dated 19 122007 passed in Cc\9 rss oi 2002";n tid riru of the Court of the X,t Additionat Chief Metropotitan Magistia6 ftrrrlnir#"ir',il at Hyderabad
Between:
Smt. Asra Sulthana. Wo Shaik Abdullah aged 25 years, Occupation Housewife, R/o. Murdanagar, Hyderaoad.
AND
...AppellanUDe-facto Complainant
...Accused/Respondents
Counsel for the Appellant : M/s. B.V. Aparna Lakshmi
Counsel for Respondent No.1 : public prosecutor
Counsel for Respondent Nos. 2 to S : Sri Syed Ahmed Ati
The Court made the following: ORDER
THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL APPEAL No.1O12 of 2o24
ORDER:
2
4 Learned trial Judge having exarnined P.Ws.l to 5 on behalf ol the prosccution, found that the version of PWs. 4 & 5 that the accused were demanding Rs.25,000/ was known to them through P.W. 1. Further, none of the prosecution witnesses supported prosecutron case Though P.W .2 stated that jahez list was prepared, no such list was produced. The Investigating Officer/P.W.4 stated that both P.Ws. I and 2 did not state about the alleged dowry demand by the accusccl
3
considered in its proper perspective, the appellate Court can interfcre in an order of acquittal. Only for the reason of there being a possibility of a view that the accused have committed the offence, the orcler of acquittal cannot be reversed on the said ground.
Sd/- M. MANJULA EPUTY REGIS //TRUE COPY// SECTION OFFICER I</sup>
To,
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HIGH COURT
DATED:20102t2024
ORDER
CRLA.No.1012 of 2024
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DISMISSING THE CRIMINAL APPEAL
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2 issues framed by the court
Whether the High Court could treat the Criminal Revision Case as a Criminal Appeal under Section 401(5) of CrPC.
Whether the order of acquittal of the accused should be reversed in the interest of justice.
3 provisions across 1 enactments
Smt. Asra Sulthana
Shaik Abdullah
K. SURENDER
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
