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2013 DIGILAW 1384 (RAJ)

State of Rajasthan v. Majid Khan

2013-07-31

KANWALJIT SINGH AHLUWALIA

body2013
JUDGMENT 1. - The present leave to appeal has been filed by the State of Rajasthan to set aside acquittal of Majid Khan, father-in-law and Smt. Zainab Bano, mother-in-law of the complainant Smt. Bhaskar Bano (PW-1). They were prosecuted for the offence under Sections 406, 498A and 323 I.P.C. 2. Smt. Bhaskar Bano was married with Aslam Khan son of the respondents. Bhaskar Bano on 12.2.2009 appeared at Police Station, Deedwana and presented a written complaint. In her complaint, it was stated by Smt. Bhaskar Bano. Complainant (PW-1) that she was married seven years ago with Aslam Khan. At the time of marriage, her father had given dowry beyond his capacity. After two days of the marriage, husband Aslam Khan, father-in-law Majid Khan, mother-in-law Zainab Bano and husband's younger brother Mohammed Farooq started harassing her for brining less dowry. After one and half year of the marriage, for facilitating husband's visit to abroad, the father of the complainant had given Rupees Fifty Thousand. When he returned from abroad then husband demanded that in the marriage you have not given motorcycle and said motorcycle be given now, otherwise he will again marry. 3. On 8.2.2009 in the evening when the complainant was cooking food then all the four accused snatched her 'Stridhan and with a plan to liquidate her, locked her in a room. Next day, the complainant informed her brother, uncle and relatives then they came, the accused abused them and demanded motorcycle. When the brother uncle and relatives demanded the dowry articles back, the accused refused to return the same and turned the complainant out of the matrimonial home. 4. On the above said allegations, a case was registered for the offences under Sections 498-A, 406, 342 and 323 I.P.C. 5. Aslam Khan, the husband of the complainant was declared proclaimed offender and the case proceeded against him under Section 299 Cr.P.C. The younger brother of the husband was not sent for trial. The prosecution examined seven witnesses. The trial Court held the respondents guilty of the offences under Sections 498-A and 323 I.P.C. and under Section 498-A sentenced them to one years simple imprisonment and pay a fine of Rs. 5,000/-and in default thereof to undergo 15 days simple imprisonment. For the offence under Section 323 I.P.C., they were sentenced to one month simple imprisonment. Both the sentences were ordered to run concurrently. 6. 5,000/-and in default thereof to undergo 15 days simple imprisonment. For the offence under Section 323 I.P.C., they were sentenced to one month simple imprisonment. Both the sentences were ordered to run concurrently. 6. However, the Court acquitted the respondents of the offence under Section 406 I.P.C. 7. Aggrieved against the judgment of conviction and sentence, the respondents filed an appeal. The complainant also filed an appeal for enhancement of sentence. The lower appellate Court accepted the appeal preferred by the respondent and acquitted them. 8. I have perused the record with the assistance of Shri A.R. Nikub, learned Public Prosecutor. 9. The lower appellate Court doubted the sufferance of injuries on the person of PW-1 Bhaskar Bano on the ground that as per her the occurrence had taken place on 8.2.2009 whereas she was medically examined on 12.2.2009. According to Doctor Yusuf Ali Devra, PW-3, the injuries were caused within the duration of 48 hours. The lower appellate Court doubted the injuries having suffered in the occurrence. 10. I have seen the injury report. Smt. Bhaskar Bano had suffered three scratches on her person. The injuries apparently are superficial in nature. The injury No. 1 is scratch on the both sides of the waist. The injury No. 2 is scratch on the left side of the chest. The injury No. 3 is also a scratch on the cheek. In the cross-examination, the doctor specifically stated that except the scratches, there was no other injury on the person of Smt. Bhasker Bano. 11. The reasoning propounded by the lower appellate Court that the complainant was turned out of the house on 9.2.2009 and she was medically examined on 12.2.2009 and thus, injuries if any, being less than 48 hours, do not relate to the time of the occurrence. The view formulated for acquittal under Section 323 I.P.C. is one view which is possible on the facts of the case. 12. So far as the offence under Section 498-A is concerned, Bhaskar Bano stated that she was harassed on account of demand of motorcycle. The use of motorcycle was predominantly or the husband Aslam Khan. As per the bail order passed by the Single Judge of this Court in S.B. Criminal Misc. Bail Application No. 1429/2009 decided on 13.3.2009, the age of Majid Khan is recorded as 65 years. The use of motorcycle was predominantly or the husband Aslam Khan. As per the bail order passed by the Single Judge of this Court in S.B. Criminal Misc. Bail Application No. 1429/2009 decided on 13.3.2009, the age of Majid Khan is recorded as 65 years. It was held in Kans Raj v. State of Punjab, (2000) 5 SCC 207 , that in matrimonial cases where such accusations are made the overt acts attributed to persons other than husband are required to be proved beyond reasonable doubt. No specific allegation has been leveled against the respondents. They were put to trial a basis on general omnibus allegations which are vague. The reasoning given by the lower appellate Court to acquit the respondents is neither perverse nor suffer from any patent illegality. This Court is conscious that in an appeal against acquittal, the Court cannot substitute its opinion simply because another view is possible. Hence, no interference is warranted. Consequently, S.B. Criminal Leave to Appeal No. 208/2012 is dismissed.Leave to appeal dismissed. *******