- (1.) This is an application for leave to appeal by the State against the judgment of acquittal dated 26.09.2017 as passed by the learned Additional Sessions Judge, Sitapur in Sessions Trial No.588 of 2008.
(2.) Brief facts of the case are that an application under Section 156(3) Cr.P.C. was filed to the effect that the complainant had married his sister Chhoti @ Meena approximately 6 years prior to the occurrence to accused Rakesh Kumar, wherein gifts etc., were given according to the means of the complainant side. Gauna was solemnised three years thereafter. After going to her in-laws place when the victim returned for the first time to her parents, she narrated to her brother and mother that the accused persons had demanded a motorcycle and a television in dowry and for non-fulfillment of the said demand, they had meted the victim with cruelty. Approximately one year prior to the demise of the victim, she was assaulted by the accused persons and was turned out of her house on the same pretext of demand of dowry. Thereupon, village persons of the complainant side went and begged the accused to keep the victim with them to which request, the accused conceded. On 30.05.2006 some unknown person rang up on the telephone of Kareem bearing Telephone No.251504 and informed that the victim had been murdered by the accused persons. Complainant with some other family members went to the Sasural of the victim and saw her lying dead with none of the accused present there. The complainant went to the police station on 31.05.2006 and gave a complaint in writing but instead of registering the FIR, the S.O. of the police station concerned tried to exercise his influence to scare the complainant side and to force them to compromise the matter.
(3.) After obtaining the post-mortem on 06.06.2006, the complainant again went to the police station to lodge the FIR but the same was not registered, hence on 07.06.2006, he sent a written complaint by registered post to the S.P., Sitapur but even thereafter, the FIR was not registered. On 13.06.2006, the complainant sent a written request for registration of FIR to National Human Rights Commission and thereafter, filed the application under Section 156(3) Cr.P.C. upon which the FIR was registered.;