( 1 ) THE facts of this case are extremely strange and at the same time, equally distressing. The daughter of the complainant Smt. Gangavva by the name Bharathi was married to one Basavaraj, a resident of Renebennur. Basavaraj has been examined as P. W. 11. Basavaraj was residing in a joint family set up and the consistent evidence is that Basavaraj was very well accepted by Basvarjas family that she was well treated by everybody in the house and furthermore her own family members are unanimous about the fact that the relationship between Bharathi and Basvaraj was also cordial. In this very happy picture emerges one very disturbing element because Bharathi started complaining to her husband that his elder brother Malleshappa (hereinafter referred to as the accused) started making advances to her and furthermore that he was regularly molesting her. The situation was extremely delicate because despite the wifes informing the husband about the alleged misbehaviour of the accused the husband refused to believe it, obviously because accused was his own elder brother. Possibly, the additional reason was accused Malleshappa himself was a married man with a wife who was also residing in the same house. Obviously the husband found these complaints to be not only incredible but unacceptable. According to Bharathis family she repeatedly complained about the misbehaviour of the accused and this was the reason why she kept making several trips to her parents place. The breaking point came when the accused is alleged to have tried to physically molest Bharathi one night in the room when she was sleeping with her husband. She made an issue of this, as a result of which some of the relations were called and when she complained about what had happened they assaulted her for making false allegation, and suggested she go back to her maternal house. Next day Bharathi went back to her maternal house. Thereafter, a panchayat was convened and the panchayathdars are supposed to have suggested that it would be better if Bharathi remarries and the suggestion was that she should be married to the accused. Bharathi was not agreeable to this and therefore, the husbands family was supposed to have agreed to pay Rs. 10,000/- for her remarriage. Since they did not honour this commitment a suit was filed by her mother for recovery of this amount. Bharathi was not agreeable to this and therefore, the husbands family was supposed to have agreed to pay Rs. 10,000/- for her remarriage. Since they did not honour this commitment a suit was filed by her mother for recovery of this amount. At or about this time the aunt of the accused wrote a final letter to the mother of Bharathi telling her that either her daughter should resume her marital life with her husband or else the husband will have no option except to look for another wife. Smt. Gangavva, P. W. 1, mother of Bharathi immediately brought her back to the maternal home and it is her evidence that the husband and the family received her well and that the relations between the husband and wife were cordial and after about 15 days since everything was perfect her mother returned to Dharwad. Very shortly after this, Bharathi doused her clothes with kerosene and set them on fire, as a result of which she lost her life. After this incident Gangavva lodged a police complaint alleging that the brother-in-law i. e. , Malleshappa was responsible for continuously harassing and torturing Bharathi and that he continued to do so even after her return and that this was the reason why the girl committed suicide. The accused was placed under arrest and on completion of the investigation he was charge sheeted for the offence punishable under sec. 498a, 307 and 376 read with Sec. 511 of the I. P. C. The trial Court acquitted the accused on the ground that it was impossible to accept the allegations made against the accused. The State has appealed against this order through the present appeal. ( 2 ) WE have heard the learned Govt. Pleader and the learned counsel who represents the respondent accused at length because the facts of this case are very unusual and at the same time they present a very serious situation where this Court needs to concern itself. The learned Govt. Pleader, who took us through the evidence threadbare, submitted that it was a joint family set up and that the deceased Bharathi was a simple middle class girl and that there was absolutely no ground to believe that she would even dare to make a false allegation against her own brother-in-law if it was not true. The learned Govt. Pleader, who took us through the evidence threadbare, submitted that it was a joint family set up and that the deceased Bharathi was a simple middle class girl and that there was absolutely no ground to believe that she would even dare to make a false allegation against her own brother-in-law if it was not true. Secondly, the learned counsel submitted on the plausibility of the aspect that the Court needs to take into account several circumstances, the first being that on a very delicate and embarrassing subject like this, Bharathi has consistently complained not only to the husband but to her parents and that this complaint was even made before the panchayath. This itself is indicative of the fact that the allegation must be true. Thridly the learned counsel submits that the relations between Bharathi and husband and Bharathi and husbands family were extremely cordial and that she would be the last person to level any charges that would disrupt her marriage or disrupt the domestic relations and this is the strongest indication why her version ought to be accepted. Lastly, the learned counsel points out that this very deep seated and very offensive torture and harassment had gone on for a long time and that nobody was willing to accept Bharathis complaint, neither her husband nor her family members nor for that matter the panchayath, despite she pointing out the obnoxious type of harassment and sexual overtures to which she was being subjected, that she was again brought back to the matrimonial home and that this was the reason for her suicide for which the accused alone is responsible. It was submitted that this is a case in which the acquittal order is required to be set aside. ( 3 ) RESPONDENTS counsel submitted that unfortunately the person who has made the allegations i. e. , deceased Bharathi, is no longer available at the trial and that consequently all the evidence is secondary evidence. It was submitted that this is a case in which the acquittal order is required to be set aside. ( 3 ) RESPONDENTS counsel submitted that unfortunately the person who has made the allegations i. e. , deceased Bharathi, is no longer available at the trial and that consequently all the evidence is secondary evidence. What he points out is that even assuming for the purpose of arguments that the husband refused to listen to the complaints made by the wife against his brother for reasons of family loyalty, etc, that it is a total absurdity and totally impossible to accept that the accused however wicked a man he might have been, would dare to attempt to sexually assault Bharathi at night in the room where she was sleeping with her own husband. His submission is that the trial Court has very rightly analyzed this crucial part of the evidence and held that it will have to be rejected and what is argued before us is that if this vital part of the evidence goes, the rest of the allegations which are of the same nature will also have to be discarded. What is also pointed out to us is that Bharathi finally left the maternal home for the reasons indicated by her. Thereafter the case went to the panchayath, that many months have elapsed and that the deceased had some time after returned and the important fact that the defence has brought out is that the accused Malleshappa was no longer living in the maternal house and he has shifted to a house of his own. In this background what is submitted is that when the suicide took place it is impossible to argue that Malleshappa had anything to do with it. Apart from this, the submission is that since Bharathis family had accepted the panchayaths suggestion that she should remarry for which they would be paid Rs. 10,000/-, that it was very clear that the marriage itself had run into difficulties and the defence contention is that as a face saving device Bharathi had come out with this story about the accused. ( 4 ) WE have very carefully analyzed the evidence because life is strange and the strangest possible things do happen at times. 10,000/-, that it was very clear that the marriage itself had run into difficulties and the defence contention is that as a face saving device Bharathi had come out with this story about the accused. ( 4 ) WE have very carefully analyzed the evidence because life is strange and the strangest possible things do happen at times. It is not absolutely impossible for the accused to have tried to make overtures to Bharathi and it is equally possible that being a modest wife she found this unpalatable and obnoxious and therefore resisted. It is also possible that the accused could have persisted though clandestinely and that this has only aggravated the situation and that when Bharathi complained to her husband that he out of good faith preferred to ignore the complaint on the ground that he trusted that his own brother would not to indulge in anything of this type. The learned trial judge, among other things had an occasion to observe in this regard that on a comparison of personalities of the accused and the husband Basavaraj, that one of the reasons why he was not inclined to accept the truth of the allegations was because the husband Basvaraj was anything but a meek and timid person who could have been bullied or subdued by the elder brother and wise versa and the accused who as the elder brother is not the type of the person who could have got the brother of the husband even if he was own brother. This observation speaks volumes with regard to this aspect of the case. ( 5 ) ON a very careful assessment of the evidence and on reading between the lines, what we do find is that problems do seen to have arisen in the marriage and it is a title far fetched to accept the contention that these problems had occasioned because of any misconduct on the part of the accused. Within a rather close joint family set up, within the four corners of the family home where the wife of the accused was also present and Bharathis husband was also present, in our considered view it would be extremely difficult to accept the truth of the allegations made by Bharathi. Within a rather close joint family set up, within the four corners of the family home where the wife of the accused was also present and Bharathis husband was also present, in our considered view it would be extremely difficult to accept the truth of the allegations made by Bharathi. It is true that she conveyed these charges to her mother and her family and then to the panchayth , but what is clear is that for some reason she was making repeated trips to the maternal home and she finally decided not to come back and when she was brought back she obviously resented it and committed suicide. The timing is also of some consequence because the accused was no longer residing there when she came back. Though over six months had passed the husband and the family received her very will. On her return her mother states that situation was absolutely cordial and in this background there are several unanswered questions and the reason for the suicide is really a mystery. Either a deeper probe or an incisive investigation may have thrown up the correct facts in better light. As the record stands it would be extremely wrong or rather impossible to accept the truth of the prosecution allegations. The defence is right when it points out that howsoever bold and brazen the accused might have been that it is totally impossible to accept Bharathis allegations that he would have tried to molest her at night when she was sleeping in a room with her own husband. It is this aspect of the charge that casts total doubt on the varacity of the allegations. For all these reasons the trial Court rightly refused to accept the allegations leveled by the prosecution. ( 6 ) PARTICULARLY in a case involving the death of a young woman in horrifying circumstances it is the duty of the Court to virtually bend over backwards to try and ensure that justice is done and from this point of view, we have analyzed the evidence virtually with a fine tooth comb. We have examined the facts and we have examined the law and having done so in our considered view this is a case in which none of the charges have been sustained. The order of acquittal recorded by the trial Court is perfectly warranted, and no interference is called for. We have examined the facts and we have examined the law and having done so in our considered view this is a case in which none of the charges have been sustained. The order of acquittal recorded by the trial Court is perfectly warranted, and no interference is called for. ( 7 ) THE appeal fails on merits and stands dismissed. Bail bonds of the accused to stand canceled. --- *** --- .