Saturday, September 14, 2013

Techie accused of harassment, 498A etc acquitted: Court says charges were exaggerated; The complainant also couldn’t proved her claim that she had an incurred an expenditure of Rs 10 lakh on their marriage.”

"...During her cross-examination, Sunita admitted that she had stayed only for eight days at her in-laws house in Punjab and had a dispute with sister-in-law over the wearing of her Shagun bangles. 


The complainant also couldn't proved her claim that she had an incurred an expenditure of Rs 10 lakh on their marriage." 




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Techie accused of harassment acquitted, court says charges were exaggerated

Vijay Chavan


Posted On Thursday, September 05, 2013 at 09:23:48 AM


A techie husband, who was booked along with his father and sister for harassing his wife to buy a car and seek a home loan, was acquitted by the court of judicial magistrate (First Class). Sunil (32), an Aundh resident, was also accused by his wife of throwing her out of their house after relieving her of her jewellery. 

During the trial, however, it was revealed that Sunil's wife Sunita (28) had spent just eight days with her in-laws in Punjab and she had filed the case against her husband and his family only to settle scores with her sister- in-law. 

Sunita was insisting that Sunil send his sister back to stay with her husband with whom she had separated after some dispute arose. Sunita, also a techie, had registered an FIR with the Chatushrungi police station against her husband in December 2008.
 
The case was filed against Sunil under sections 498 (A), 323, 406 and 505 of the Indian Penal Code. Subsequently, the three accused were arrested by the police but were released on bail by the court. 

According to Sunita's complaint, she got married to Sunil a year back, in 2007, but was forced to leave their Aundh residence within a year. Sunita alleged that before forcing her out of their home, Sunil used to demand money from her to buy a car and was also pressurising her to obtain a home loan.
 
Sunita also claimed that the jewellery given by her parents was also taken away from her forcibly. Later, Sunita also filed a petition in the family court seeking Rs 70,000 per month as alimony from her husband. 

Defence lawyers S K Jain and Amol Dange, who appeared for Sunil, cited an earlier Bombay High Court judgement which ruled that a family fight cannot be termed as cruelty against women. 

Explaining the judgement in his client's favour, Jain said, "The honourable court observed that charges against the accused were exaggerated. 

During her cross-examination, Sunita admitted that she had stayed only for eight days at her in-laws house in Punjab and had a dispute with sister-in-law over the wearing of her Shagun bangles. 

The complainant also couldn't proved her claim that she had an incurred an expenditure of Rs 10 lakh on their marriage." "
We brought it on record before the court that Sunita's anger was against her sister-inlaw and she wanted her husband to evict her from their parental house in Punjab. 

Not only were the charges against my client quashed, the court also ordered Sunita to return the jewellery which she had claimed was her "Streedhan" and which was in her possession," Jain added.



http: //www .punemirror .in /article /2/201309052013090509241048459dace6a/Techie-accused-of-harassment-acquitted-court-says-charges-were-exaggerated.html



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