Decided on July 15,2013

GULFAM Appellant
State of Uttarakhand and another Respondents


- (1.) The complainant Smt. Farzana instituted a criminal complaint against Gulfam for the offence punishable under Section 406 IPC. According to the complainant, she was married to the accused Gulfam six years ago on 30.10.2001. The articles which were gifted by her parents to her husband were listed alongwith the complaint. The same was the stridhan of the complainant. The complainant gave such articles to the accused in the expectation that she would be using them. Accused ousted the complainant from his house on 02.09.2001. She was assaulted and ousted from her matrimonial home by her husband, who retained the stridhan of the complainant. When the complainant demanded the same, the accused did not return the said articles. The complainant examined herself as P.W. 1. P.W. 2 Akil was the father of the complainant. On the basis of their evidence, charge under Section 406 IPC was framed against accused, who pleaded not guilty and claimed trial. He denied having given any article to him by the complainant or her parents in the marriage. The marriage with the complainant was admitted by the accused. A list of the articles given by the complainant to the accused in marriage was enclosed with the complaint. The approx. value of the gifted articles was about rupees one lac.
(2.) The question, therefore, arises- whether the articles were given to the accused The complainant has placed a copy of the extract of khatauni to show that Akil was owner of 15 bigha of agricultural land. The extract of such khatauni indicated that Akil was capable of giving articles in the marriage of his daughter. P.W. 2 Akil stated on oath that he entrusted the gifts to Gulfam, which articles were not returned to Farzana when she was ousted from her matrimonial home.
(3.) D.W. 1 Gulfam and D.W. 2 Munfed Ali were examined in defence. The evidence tendered by DW 2 did not inspire confidence, in as much, as he could not divulge even the major details of the marriage of Gulfam with Farzana.;

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