Court No. - 45
Case :- CRIMINAL REVISION No. - 3796 of 2009 Revisionist :- Reeta Singh Opposite Party :- State Of U.P. & Others Counsel for Revisionist :- S.P. Sisodia Counsel for Opposite Party :- Govt. Advocate
Hon'ble Siddharth,J.
This Criminal Revision has been filed against the judgment and order dated 10.08.2009 passed by Judicial Magistrate Ist, Varanasi in Case No. 749 of 2007 (State vs. Dharm Dev Singh and Others) under Section 498-A, 504, 506 I.P.C. & 3/4 Dowry Prohibition Act, Police Station- Bhelupur, District- Varanasi, whereby the court below has acquitted the accused persons.
The court below has recorded the finding that the prosecution has failed to produce any evidence for proving the allegation made against the accused opposite party no. 2-3. The statements of the witnesses are contradictory, therefore the prosecution case has not been proved.The prosecution has failed to prove the offence alleged against the accused beyond doubt. The ingredients of Section 498-A I.P.C. and 3/4 Dowry Prohibition Act have not been found by the court below in the evidence adduced. The allegation of demand of Rs. 1 lakh as dowry was not proved before court below and therefore the court below has acquitted the opposite party no. 2 by the order dated 10.08.2009.
There is no infirmity in the order calling for any interference. This revision fails and is accordingly dismissed.
Order Date :- 24.9.2018 Rohit