P.K.LOHRA,J. - (1.) Petitioner-complainant feeling aggrieved by judgment dated 3rd of August 2016, passed by learned Special Court, SC/ST (Prevention of Atrocities) Cases, Jodhpur (for short, 'learned appellate Court'), whereby learned appellate Court confirmed the verdict of acquittal dated 12th of April 2013, passed by learned Metropolitan Magistrate No.2 Jodhpur (for short, 'learned trial Court') has preferred this revision petition under Section 397/401 Cr.P.C. The learned trial Court vide its judgment dated 12th of April 2013 acquitted the accused-respondents for offence punishable under Sections 498A 406 and 363 I.P.C. and on appeal being filed the learned appellate Court dismissed the appeal on the ground of limitation resulting in affirmation of judgment passed by the learned trial Court.
(2.) Succinctly stated, facts of the case are that petitioner-complainant lodged a written report at Police Station, Mahila Thana, Jodhpur against her husband respondent No.1 Ramjan Khan and his younger brother respondent No.2 Babu Khan, inter alia, on the ground that her Nikah (marriage) was solemnized with respondent No.1 10 years back and matrimonial relations between them were streamline for sometime and out of the said wedlock, a male child Sabir was born. It is alleged by the complainant that she was subjected to cruelty and harassment by the respondents. A specific allegation is also made against respondents that she was thrown out of her matrimonial home by her brother-in-law Babu and husband Ramjan with a word of caution that she would be allowed to remain in matrimonial home only if she can bring a sum of Rs.10,000/- from her parents. It is further alleged that accused Ramjan took away her son Sabir forcefully. On the said written complaint, FIR 76/2005 came to be registered against the accused-respondents for offence punishable under Sections 498A, 406 and 363 I.P.C. Investigation in the matter progressed and after completion of investigation, the accused-respondents were prosecuted for offence under Sections 498A, 406 and 323 I.P.C. by filing charge-sheet. The learned trial Court framed charge against the accused-respondents for the aforesaid offences, which were denied by them, and therefore, they were put on trial.
(3.) In order to prove charge against accused-respondents, prosecution examined eight witnesses. Besides that, six documents were also produced. On behalf of the accused-respondents, five defence witnesses were examined. Learned trial Court then proceeded to hear final arguments and by its verdict dated 12th of April 2013 acquitted the accused-respondents observing that complainant and her parents have made contradictory statements. The learned trial Court also noticed loopholes in the testimony of prosecution witnesses, more particularly, independent witnesses. As a matter of fact, all the three independent witnesses; viz., PW3 Dhana Ram, PW4 Kana Ram and PW6 Hari Ram, turned hostile. Therefore, in that background, learned trial Court found serious pitfalls in the prosecution evidence and consequently construed it unworthy to indict the accused-respondents and that resulted in acquittal of the respondents.;