THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No.211 of 2014 12-12-2014 BETWEEN:
Dhupati Satyavani …..Appellant/de facto complainant AND Dhupati Krishnam Raju and another.
…..Respondents THIS COURT MADE THE FOLLOWING JUDGMENT: THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL APPEAL No.211 of 2014 JUDGMENT:
This Criminal Appeal is preferred by the de facto complainant challenging the Judgment dated 10.06.2013 passed in C.C.No.255 of 2011 by the Court of the XIII Metropolitan Magistrate, Cyberabad, at L.B. Nagar, Ranga Reddy District, whereby the learned Judge acquitted the accused/first respondent for the offence under Sections 498-A IPC and Sections 3 and 4 of Dowry Prohibition Act.
The case of the prosecution is as follows:
That the marriage of complainant/P.W.1 with the accused was performed on 12-06-2009 and that at the time of marriage, complainant’s parents presented cash of Rs.1,50,000/- and 5 tulas of gold to the accused and also presented Rs.20,000/- to the sister of accused. After the marriage, the accused looked after the complainant well for fifteen days and thereafter the accused, his parents and other family members started harassing her by demanding additional dowry and they used to beat her and harassed her physically and mentally and that they demanded Rs.2,00,000/- as additional dowry. It is further alleged that when the complainant was pregnant, her mother came to the house of accused to see her and all the accused picked up a quarrel with her and abused her in filthy language. Basing on the complaint lodged by P.W.1, a case was registered against the accused for the offences under Section 498-A IPC and Sections 3 and 4 of the Dowry Prohibition Act. After completion of the investigation, charge sheet was filed.
To prove the case of the prosecution, P.Ws.1 to 6 were examined and Exs.P.1 and P.2 were marked. D.W.1 was examined and Exs.D.1 and D.2 were marked on behalf of the accused.
On appreciation of oral and documentary evidence, the trial Court acquitted the accused for the offences under Section 498-A IPC and Sections 3 and 4 of the Dowry Prohibition Act. Aggrieved thereby, the present appeal is preferred by the de facto complainant.
Heard and perused the material available on record.
Learned counsel for the complainant challenged the order of acquittal recorded by the trial Court on the ground that even though the prosecution witnesses deposed regarding the harassment and cruelty, the trial Court has taken into consideration the omissions during the course of recording the statement under Section 161 Cr.P.C., which is not permissible in law.
In view of the above submission, it is necessary to extract the relevant portions in the cross examination of P.W.1, which read as under.
It is not true to suggest that I did not state before the police that we presented Rs.5,000/- cash to the sisters of the accused at the time of marriage and that when I fell sick the accused called R.M.P. Doctor who tested me and gave opinion that I was suffering from fits and that I informed the same to my sister who again tested me and did not find any ill-health. It is not true to suggest that I did not state before police that my sister did not inform the accused about my health condition and that the accused demanded motor cycle. It is not true to suggest I did not state before the police that the accused treated me as servant and that I and the accused came to my parents on the occasion of Sankranthi and that the accused stayed in my parents house for the purpose of computer training. It is not true to suggest I also did not state that the accused picked up a quarrel asked me to consult a doctor again and that I did not state about the demand of the accused for additional dowry of Rs.50,000/- and we paid the said amount to them It is not true to suggest that I did not state before the police that two months after the death anniversary of my father the accused came in drunken condition along with elders and demanded me to come along with me…… It is not true to suggest that as the accused filed OP for restitution I filed this case. It is not true to suggest that the accused never harassed me and never demanded any dowry and that I am deposing false.
It is also necessary to extract relevant portion in the cross- examination of the Investigating Officer, P.W.6, reads as under.
It is true that P.W.1 did not state that they presented Rs.5,000/- each to the sisters of the accused at the time of marriage. It is true P.W.1 did not state before me that after 15 days of the marriage she received a phone call about the ill health of my father for which she fell down and that the accused called R.M.P. Doctor who treated her and opined that she was suffering from fits. She also did not state she informed the same to her sister who tested her and did not find any ill health. P.W.1 also did not state the accused started beating her by demanding additional dowry and also a motor cycle and that the parents of the accused did not treat her well and they treated her as servant. P.W.1 also did not state that on eve of Sankranthi Festival she and accused came to her parents house with an intention to undergo computer training by the accused. It is true that P.W.1 did not state that the accused left the house on the same day of the funerals by informing that he would return by dropping his mother in the bus stand and that when she again called him he informed that he was in the village and he never come back to receive her. She also did not state that after a period of three months the accused did not respond when she called him. She also did not state that when she was in the hospital for delivery the accused did not come to see her and that when they informed the accused parents about the 9th day ceremony they did not attend the same. It is true P.W.1 did not state that the accused came to her parents house in a drunken condition and picked up a quarrel.
A reading of cross examination of P.W.1, complainant and P.W.6, Investigating Officer, would clearly show that there are material omissions in the evidence of P.W.1 and the same amounts to contradiction. When contradictions are elicited and when the said contradictions are on the basis of omissions, this Court is of the view that the evidence adduced by P.W.1 is of no legal sanctity. The trial Court has rightly considered this aspect since the allegations, which attract an offence under Section 498-A IPC, stated by P.W.1 in her evidence, are not stated either in the complaint Ex.P.1 or before the Investigating Officer. The grounds on which the trial Court acquitted the accused are in accordance with law.
This Court is of the view, on probabilities of the case, that the complainant was away from the accused for a period of one year and only after receipt of the notice from the accused in connection with O.P., filed by the accused for restitution of conjugal rights, the complainant has filed complaint against the accused before the police as a counter blast. If the accused really harassed the complainant, she should have lodged the complaint immediately against such harassment and cruelty meted out in the hands of the accused, but, she has not chosen to file the complaint, and as such, it cannot be believed that the accused harassed the complainant. Hence, this Court is of the view that the prosecution has failed to prove the guilt of the accused.
The trial Court has rightly considered the case in all aspects like probabilities, and also the illegality and perversity of the evidence adduced by the prosecution and also the omissions on material aspects and also the contradictions, and as such this Court is not inclined to interfere with the well considered Judgment of the trial Court.
The Criminal Appeal is accordingly dismissed. Miscellaneous applications, if any pending in this appeal, shall stand dismissed.
JUSTICE RAJA ELANGO 12.12.2014 pln