Acquittal Upheld in Dowry Harassment Case. Lack of cogent evidence and delayed reporting leads to dismissal of Criminal Appeal under Sections 498A, 323, 504, and 506 IPC.


CASE NOTE & SUMMARY

The appellate courts upheld the acquittal of the accused, including the husband and his family, in a dowry harassment and cruelty case. The prosecution failed to substantiate allegations of unlawful demands and cruelty due to insufficient evidence and delayed complaint registration.

1. Introduction

Appeal Context:
This appeal challenged the acquittal of respondents in a dowry harassment case under Sections 498A, 323, 504, and 506 IPC by the Trial Court (18th Jan 2019) and Sessions Court (15th Sep 2022).


2. Marriage and Background

Marriage Facts:

  • Marriage Date: 26th June 2011, following a love affair.
  • Financial Involvement: The appellant’s family alleged spending ₹3,00,000, giving a 2-tola gold ring, and ₹50,000 in cash.

3. Alleged Cruelty and Demands

Key Allegations:

  • First Incident (7th Jan 2012): Demand for ₹1,50,000 and assault with a stick and blade.
    • No corroborative evidence or medical records.
  • Second Incident (18th Sep 2012): Demand for ₹1,50,000 for job transfer and threats of harm.
    • No material evidence or timely reporting.

4. Defense and Trial Findings

Prosecution's Witnesses:

  • Testimonies of appellant (PW-4), mother (PW-3), and sister (PW-2).
  • Consistent narrative of peaceful marital life for the initial 9 months.

Key Trial Observations:

  • Respondent No.1 was already employed; demand for ₹1,50,000 for job recruitment was implausible.
  • Delayed lodging of FIR (2014) weakened the case.

5. Appellate Court Findings

Review of Evidence:

  • Lack of proof of cruelty, harassment, or unlawful demands.
  • Discrepancies in testimonies of interested witnesses (PW-2, PW-3).

Conclusion:

  • Trial Court and Sessions Court found no credible evidence to substantiate charges under Sections 498A, 323, 504, and 506 IPC.

Acts and Sections Discussed:

  • Section 498A IPC: Cruelty by husband or relatives.
  • Section 323 IPC: Voluntarily causing hurt.
  • Section 504 IPC: Intentional insult with intent to provoke breach of peace.
  • Section 506 IPC: Criminal intimidation.

Ratio Decidendi:

  • Mere allegations unsupported by credible evidence do not constitute proof of cruelty under Section 498A IPC.
  • Delayed lodging of FIR raises doubts about the genuineness of the complaint.

Subjects:

Acquittal in Dowry and Cruelty Case
Dowry, Cruelty, Section 498A IPC, Criminal Appeal, Acquittal, Evidence Law

Citation: 2024 LawText (BOM) (11) 280

Case Number: CRIMINAL APPEAL (ST) NO. 5380 OF 2024 WITH INTERIM APPLICATION NO. 1576 OF 2024 IN CRIMINAL APPEAL (ST) NO. 5380 OF 2024

Date of Decision: 2024-11-28

Case Title: Afsana w/o. Sarfaraj Ahmed Patel Versus Sarfaraj Ahamad Mainodin Patel and Ors.

Before Judge: MILIND N. JADHAV, J.

Advocate(s):  Ms. Shaila S. Zende, Advocate for Appellant.  Ms. Manisha R. Tidke, APP for the State.

Appellant: Afsana w/o. Sarfaraj Ahmed Patel

Respondent: Sarfaraj Ahamad Mainodin Patel and Ors.