Appeal Dismissed: Lack of Evidence Leads to Upholding Acquittal in Domestic Abuse Case.
06 December 2024
Acquittal >> Criminal Law | Criminal Appeals & Suspension of Sentence >> Criminal Law | Husband or relative subjecting the women to cruelty >> Criminal Law | Dowry >> Marriage Law
The State of Maharashtra filed an appeal against Vishal Prakash Shinde and Others in a case involving charges under Sections 498A, 323, 504, and 34 of the IPC. The Respondents were accused of subjecting the complainant (the wife) to harassment, abuse, and a demand for dowry. The marriage took place on 25.06.2001, and the complainant left her matrimonial home on 25.12.2001, filing an FIR a day later.
The complainant testified that she was subjected to physical abuse and a demand for Rs. 80,000 from her parents. However, her statements lacked specific details regarding the alleged abuse and demand, and she admitted in cross-examination that she had never complained to her family or others about the harassment. Moreover, her parents and elder sister, despite knowing about the allegations, did not take any action, and no medical evidence supported the claims of assault.
The trial court, after analyzing the evidence, concluded that the prosecution failed to establish the charges beyond reasonable doubt. The mere allegation of harassment and demand for dowry without concrete evidence was insufficient to prove cruelty under Section 498A or assault under Section 323. Consequently, the appeal was dismissed, and the trial court’s acquittal was upheld.
Section 34., Indian Penal Code - 1860
Section 323., Indian Penal Code - 1860
Section 498A., Indian Penal Code - 1860
Section 504., Indian Penal Code - 1860