Tuesday, April 14, 2015

One or two instances of assault not cruelty, says court

One or two instances of assault not cruelty, says Delhi Sessions court; In laws acquitted

The News Minute | April 14, 2015 | 09:34 am IST

New Delhi: A court here has said that "one or two instances of physical assault", even if proved, cannot make for a case of cruelty for the purpose of satisfying unlawful demand.

"One or two instances of physical assault, even if found to be true, cannot make out a case of cruelty for the purpose of satisfying unlawful demand," Additional Sessions Judge Pulastya Pramachala said while dismissing a woman's revision plea challenging a magisterial court order that acquitted her in-laws.

The sessions court uphold a magisterial court order, acquitting the woman's brothers-in-law and a sister-in-law of the offences of cruelty by husband or relative of husband of a woman, criminal breach of trust with common intention of the Indian Penal Code and under Dowry Prohibition Act.

The court observed that the cruelty or torture, as contemplated in Section 498-A of the IPC denotes a continuous process.

It noted that there are apparently no specific allegations against the woman's in-laws, which could prima facie show that they used to torture and harass her for the purpose of bringing dowry or to satisfy any other unlawful demand.

"I do find that she had made very vague and general kind of allegations involving name of all family members of her husband to allege that they used to harass her to bring more dowry," the judge said.

"From the allegations made by the complainant, even I am unable to find any case of continuous torture, if committed by any of the respondents for the purpose of making demand of dowry or any other unlawful demand."

According to complainant, her husband used to beat her at the instance of her in-laws. She further alleged that her in-laws used to torture her to bring the dowry and they did not allow her to live in the matrimonial house.

The woman's husband is on run.

The order was delivered last week but released on Monday.


© 2014 www. thenewsminute.com Developed by Girish Swaminathan


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