Sarabjeet Singh v. Ravinder Singh And ORS

Crl. Misc. No. A-993-MA of 2015 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Crl. Misc. No. A-993-MA of 2015 Date of decision : 12.12.2016 Sarabjeet Singh ....Applicant versus Ravinder Singh and others

...Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. B.S. Randhawa, Advocate for the applicant **** RITU BAHRI , J.

This application has been filed under Section 378(4) Cr.P.C seeking leave to file an appeal against the judgment of acquittal dated 18.03.2015 vide which respondents were acquitted of the charges framed against them.

Heard.

The complainant filed a complaint alleging therein that her daughter got married to respondent No. 1 on 27.08.2000 and at the time of marriage, sufficient dowry articles were given to respondent No. 1 and his family members. The dowry articles includes 25 tolas of gold, three gold sets, eight gold bangles, one gold chain, one gold ring, one pari of ear rings, T.V, utensils and cash of Rs.80,000/-. It has been alleged that after marriage, respondents started harassing the daughter of the applicant on account of bringing less dowry and demanded maruti car. The applicant gave Rs.50,000/- to respondent No. 1 but despite this, the respondents started harassing the daughter of the applicant.

The Court below after going through the entire evidence led by the GAURAV ARORA 2016.12.16 15:56 I attest to the accuracy and integrity of this document Chandigarh

Crl. Misc. No. A-993-MA of 2015 -2parties came to a conclusion that firstly there is a delay in filing the complaint, which the applicant has not been able to explain. Further the complainant/applicant has not been able to examine any person from whom he has purchased the articles and gold ornaments. After going through the judgment passed by the Court below, the present application is liable to be dismissed even if delay of 03 years in filing the complaint is not taken in to consideration, as the complainant has not given date, month and year with regard to the harassment caused to her daughter. The complainant never moved an application before the police with regard to harassment caused by the respondents.

Thus, the trial Court has rightly acquitted the accused by giving them benefit of doubt, as the complainant has failed to prove that the accused misappropriated the articles of the complainant or were entrusted the dowry articles or subject the complainant to cruelty on her failure to bring the motorcycle.

Accordingly, the application seeking leave to file an appeal is hereby dismissed.

12.12.2016 (RITU BAHRI) G Arora JUDGE GAURAV ARORA 2016.12.16 15:56 I attest to the accuracy and integrity of this document Chandigarh