STATE OF MADHYA PRADESH Vs. AJAY SHARMA
LAWS(MPH)-2015-2-31
HIGH COURT OF MADHYA PRADESH
Decided on February 12,2015

STATE OF MADHYA PRADESH Appellant
VERSUS
AJAY SHARMA Respondents

JUDGEMENT

N.K. Gupta, J. - (1.)THE State has preferred the present appeal being aggrieved with the order dated 18.12.2001 passed by the JMFC, Bhopal in criminal case No. 672/2000, whereby the respondent was acquitted from the charge of offence under Section 498 -A of IPC.
(2.)THE prosecution's case, in short, is that, on 6.12.1995, marriage of the respondent took place with one Priti (P.W.2). The respondent was residing with his aunt Poonam Sharma and uncle Rakesh Sharma at Geeta Apartments, Bhopal. After few days of marriage, the respondent alongwith her relatives started demanding dowry of Rs.10,000/ - and a scooter from Priti. She was beaten in consequence of demand. Priti went to her uncle Rakesh Kumar Sharma but, no resolution took place. Thereafter, the respondent Ajay took his wife Priti to her parents' house at Gwalior and left her. Thereafter, the respondent had lodged a suit for divorce. On 14.10.1996, Rakesh Kumar Sharma (P.W.5), uncle of the victim had lodged a written report, Ex.P/2 at Police Station Govindpura and a case was registered at crime No. 590/1996. After due investigation, a charge -sheet was filed before the trial Court.
The respondent abjured his guilt. He took a specific plea that though his wife Priti was not insane but, her mental status was equivalent to 10 years old child. In defence, A.P. Verma (D.W.1), Dr.R.N. Sahu (D.W.2) etc. were examined.

(3.)THE JMFC, Bhopal after considering the evidence adduced by the parties, acquitted the respondent and his relatives from the charge of offence under Section 498 -A of IPC.


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