TMI Blog2008 (10) TMI 718X X X X Extracts X X X X X X X X Extracts X X X X ..... a report (Ex.P-1) to the Additional D.G.P., CID, Hyderabad, inter alia, alleging that at the time of her marriage with A-1, on the insistence of A-1 and his mother (A-2), her father gave her one house, ₹ 60,000/- in cash, six tolas of gold and household articles worth ₹ 50,000/-. Still after the marriage, her husband, working as Reserve Sub-Inspector (RSP) at Security Printing Press, was pressurising her to bring ₹ 50,000/- more; he used to beat her up, scold, shout and threaten to kill her and on certain occasions he had also pressed her neck saying that he would kill her. It was also alleged that her mother-in-law (A-2), her husband's brother Prabhakar and his wife (A-4), and the second sister-in-law of her husband (A-3) and her husband's last brother also used to help her husband in beating and harassing her. It was further alleged that one Mrs. Jalaja, working as Telephone Operator in the Reserve Bank of India, also used to threaten her by saying that her husband (A-1) had married her and he did not like to stay with her. Branding her husband to be a gambler, drunkard and moving around with anti social elements, it was also alleged that about six mont ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was harassing her to get ₹ 50,000/- from her parents for the purchase of lorry. Inter alia, observing that though no specific instances of harassment had come on record but the long course of conduct of accused A-1 showed that the allegations of harassment were not totally baseless, the trial judge finally found accused A-1 guilty of the offence punishable under Section 498A I.P.C. and accordingly sentenced him to undergo simple imprisonment for one year and to pay a fine of ₹ 8000/- with default stipulation. Out of the fine amount, a sum of ₹ 6000/- was ordered to be paid to PW-1. However, he did not find accused A-1 guilty under Section 307 I.P.C. and accordingly acquitted him of the said charge. Accused A-2 to A-4 were not found guilty of both the charges framed against them and were acquitted accordingly. 6. Aggrieved, the respondent (A-1) challenged his conviction by preferring appeal before the High Court. The High Court, as stated above, on a re-appraisal of the entire evidence, has set aside the conviction. Against this judgment, the State of Andhra Pradesh is in appeal before us. 7. We have heard learned Counsel for the parties. 8. Mrs. June Cha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lative of husband of a woman subjecting her to cruelty.--Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. Explanation-For the purpose of this section, cruelty means-- (a) Any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or (b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her meet such demand. 11. Thus, providing a new dimension to the concept of cruelty , Clause (a) of Explanation to Section 498A I.P.C. postulates that any wilful conduct which is of such a nature as is likely to drive a woman to commit suicide would constitute cruelty . Such wilful conduct, which is likely to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman would ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... characterised as perverse, then, to prevent miscarriage of justice, the appellate court is obliged to interfere. 14. All these principles have been succinctly culled out by one of us (C.K. Thakker, J.) in Chandrappa and Ors. v. State of Karnataka 2007 CriLJ 2136. 15. Bearing the aforestated broad principles in mind and having bestowed our anxious consideration to the facts at hand, in our judgment, the High Court has not committed any error in dealing with the evidence, which could be said to be patently illegal or that the conclusion reached at by it is wholly untenable, warranting our interference. 16. Though it is true the Trial Court has observed that there is some evidence on record to show that there was a demand for dowry even at the time of marriage but it is clear that the foundation for action against the respondent was laid when the complaint was lodged by the wife on 22nd May, 1996 and the prosecution machinery was set into motion. Again it is true that in the complaint there is a reference to the past conduct of the respondent and his family members but from the tenor of the complaint, it is clear that the allegation of harassment including the alleged poison ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ely because PW-1 attempted to commit suicide, it cannot be presumed that only on account of harassment or cruelty meted out to her that she made an attempt to commit suicide. Taking all these circumstances into consideration, the learned Judge held that it was not safe to rely on the evidence of PW-1, more so, when her relations with the husband were very much strained and, therefore, the Trial Court ought to have given benefit of doubt to the respondent also while acquitting accused A-2 to A-4. 18. Having gone through the depositions of PW-1 and PW-3, to which our attention was invited by learned Counsel for the State, we are convinced that in the light of the overall evidence, analysed by the High Court, the order of acquittal of the respondent is well merited and does not call for interference, particularly when the First Information Report was lodged by the complainant more than one month after the alleged incident of forcible poisoning. Time and again, the object and importance of prompt lodging of the First Information Report has been highlighted. Delay in lodging the First Information Report, more often than not, results in embellishment and exaggeration, which is a cr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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