BIBEK CHAUDHURI, J. - (1.) This is an appeal against the judgment and order of acquittal passed by the learned Judicial Magistrate, 4th Court at Howrah in GR Case No.1280 of 2008 (T.R 698 of 2008) on 1st July, 2013.
(2.) The appellant lodged a complaint on 17th May, 2008 before the Officer-in-Charge, Howrah Police Station stating, inter alia, that her marriage was solemnised with respondent No.2, Sanjay Kumar on 22nd May, 2004. In the wedlock between them, she gave birth to a male child on 27th June, 2005. Since their marriage, her husband Sanjay and his parents-in-law used to torture her both physically and mentally. Failing to bear such torture, the defacto complainant returned to her paternal home on 7th March, 2005 to save her life. Her husband also threatened her saying that he would kidnap their only child. The petitioner did not lodge any complaint in the local PS immediately after such incident considering the social reputation and respect of the family. She was also afraid that her husband would stop payment of Rs.3000/- per month for maintenance of their child, had she filed any complaint under Section 498A of the Indian Penal Code.
(3.) On the basis of the said complaint police registered P.S Case No.41 of 2008 dated 17th May, 2008 under Section 498A of the Indian Penal Code. On completion of investigation, charge sheet was submitted against accused Sanjay Kumar in the court of the learned Chief Judicial Magistrate, Howrah. The said case was transferred to the 4th Court of the learned Judicial Magistrate, Howrah for trial. During trial prosecution examined six witnesses. Some documents were also exhibited which I propose to refer subsequently in the body of judgment.;