Anju Bala vs Bikramjit Singh and others

Jitendra Chauhan, J.—The applicant-Anju Bala has preferred this application u/s 378(3) of the Code of Criminal Procedure for grant of leave to appeal against the acquittal of respondent Nos. 1 and 2 vide judgment dated 02.08.2011 passed by the learned Sessions Judge, Faridkot (for short, ''the first appellate Court''). Respondent Nos. 1 and 2 were tried by the Court of learned Chief Judicial Magistrate, Faridkot, (for short, ''the trial Court'') and convicted and sentenced for commission of offence punishable under Sections 406/498A of the Indian Penal Code vide judgment of conviction and order of sentence dated 08.01.2010. Feeling aggrieved, respondent Nos. 1 and 2, approached the first appellate Court, which reversed the findings recorded by the learned trial Court and acquitted them of the charge framed against them. Hence, the present application.

Heard.

The allegations levelled against the respondents are that the dowry articles brought by Anju Bala at the time of her marriage with the accused-respondent Bikramjit Singh were entrusted to the accused who later on misappropriated the same thereby committing breach of trust. It is further the case of the prosecution that Anju Bala was meted out with cruelty and harassment for demand of dowry.

From the record, it is made out that the prosecution has miserably failed to prove its case beyond doubt. There is no specificity in the allegations levelled inasmuch as no evidence is there on record to prove that as to which dowry articles were entrusted to which accused, whether Anju Bala ever demanded back the dowry articles and whether she was refused by the accused to return the same. Therefore, the learned first appellate Court has rightly come to the conclusion that the necessary ingredients of misappropriation are not fulfilled in the present case. The prosecution has further failed to prove that Anju Bala was treated with cruelty or harassment so as to force her to cause grave bodily injury to herself or to commit suicide. Not even a single instance has come on record to substantiate the allegation of cruelty.

In these circumstances, the learned first appellate Court has rightly held that the prosecution has failed to prove its case beyond reasonable doubt and acquitted respondent Nos. 1 and 2 of the charges framed against them.

Hence, no ground for grant of leave to file an appeal is made out. Dismissed.