PRATIMA BORAH Vs. BISWAJIT BORAH @ BISHNU
LAWS(GAU)-2018-4-125
HIGH COURT OF GAUHATI
Decided on April 12,2018

Pratima Borah Appellant
VERSUS
Biswajit Borah @ Bishnu Respondents

JUDGEMENT

MIR ALFAZ ALI, J. - (1.) This appeal is directed against the judgment and order dated 12.05.2014 passed by the learned Sessions Judge, Sibsagar, in Crl. A. No. 3(1)/2014. By the said judgment, the learned Sessions Judge acquitted the accused respondent of the charge under Section 498A IPC by allowing his appeal against the judgment and order passed in GR case No. 1023/2010.
(2.) As per prosecution case, the victim (PW-6) and the respondent were married on 18.02.2010 and since after three months of marriage, in-laws of the victim started torturing her physically and mentally by demanding dowry. On 14.08.2010, the members of her husband's family tortured her physically and mentally and had driven out her from the house. She took shelter in the house of her brother-in-law and on 18.08.2010 at the intervention of the Mahila Samitee, her husband brought her back to the matrimonial home. But, again she was subjected to torture and finding no other way, she took shelter in the house of the uncle of the accused/respondent. On 19.08.2010, the accused/respondent, went away from the house of his uncle leaving the victim there. He also committed theft of Rs. 300/- and an earring of the victim. Having failed to contact her husband during the whole day, she lodged an FIR. On the basis of the said FIR, police registered a case and after usual investigation submitted charge sheet against the accused/appellant under Section 498A IPC. On the basis of the said charge sheet, learned Judicial Magistrate took cognisance and the accused stood trial for offence under Section 498A IPC.
(3.) In course of trial, prosecution examined 8 witnesses to establish the charge and on appreciation of the evidence, learned Judicial Magistrate convicted the accused/respondent under Section 498A IPC and sentenced him to undergo rigorous imprisonment for two years and to pay fine of Rs. 500/- with default stipulation. Learned Trial Court also awarded compensation of Rs. 57,000/- in favour of the informant.;


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