STATE TIMES NEWS
JAMMU: Special Mobile Magistrate, Electricity Court Aarti Mohan after hearing the prosecution and Advocate Rajat Gupta counsel for the accused has discharged all the accused under section 420/120-B/498-A/406 IPC.
The complainant namely Saraf had filed a complaint against her husband Ashish Koul and her in-laws wherein it was alleged that the husband and her in laws use to demand dowry from her and have also illegally retained the jewellery given to her by her parents. She had also alleged that all the accused have cheated and conspired against her and despite repeated requests have refused to return her jewellery. Accordingly the accused were booked under section 420/120-B/498-A/406 IPC.
Learned APP submitted that there is sufficient material before the court for framing of charge against the accused persons under the relevant sections however the counsel for accused stated that there is nothing on material to proceed against the accused.
The Court held that it is evident that no charge under section 498-A IPC is made out against any of the accused persons in view of the fact that the statement of the complainant and her witnesses are completely silent as to any date, month or year when the complainant was subjected to cruelty by the accused persons or when and in which manner any unlawful demand for any property or valuable security was raised by them to either the complainant or any person related to her. In the present case the allegations which have been made against the accused persons are quite general and unspecific and do not mention any date, time month or year as to when the alleged criminal acts were committed by the accused person against her except for simple general allegations. As such it could be a travesty of justice in case the challan in hand is allowed to continue against the accused persons. Even if the entire evidence which forms part of the prosecution case is taken at its face value and goes unrebutted it is not sufficient to convict the accused persons for the charges made out against them.
At the stage of framing of charge the court has to Prima facie consider whether there is sufficient ground for proceeding against the accused.
While discharging the accused persons the court held that there is sufficient material which is lacking to convince the court that they have committed offence for which they have been charged