May 21, 2024

[ad_1]

She Was Home For Just 11 Days, In-Laws On Abuse Charge. What Court Said

The court trashed the argument of the defence counsel (Representational)

New Delhi:

A sessions court here has upheld a magisterial court’s order framing charges of cruelty and theft against the husband and in-laws of a woman, saying there was no illegality in the order.

The court observed that there is no provision in law specifying a minimum time for a married woman to stay at her matrimonial home before making a complaint against her in-laws for the offence of cruelty and such an offence can be committed even during her stay for a few hours.

Additional Sessions Judge Sunil Gupta was hearing a revision petition filed by the woman’s husband and in-laws against the magisterial court’s order framing charges against them under Indian Penal Code (IPC) sections 498A (husband or relative of husband of a woman subjecting her to cruelty) and 379 (theft).

According to the chargesheet, the husband, father-in-law and mother-in-law of the woman used to demand dowry from her and beat her up. The trio, along with her brother-in-law, forcibly snatched her jewellery and kept it with themselves, it said.

“It is settled law that at the stage of framing of charge, the court has to see as to whether a prima facie case is made out against the accused on the basis of the material on record. The court is not expected to minutely scrutinise the material on record at that stage to see if it is sufficient for conviction or not,” the judge said in a recent order.

Trashing the argument of the defence counsel that no harassment was possible as the complainant stayed at her matrimonial home for only 11 days, the court said there is no provision in law specifying any minimum time period for a married woman to stay at her matrimonial home before making a complaint against her in-laws for the commission of an offence under section 498A of the IPC.

“Such an offence can be committed even during a stay of a few hours only,” the court said.

It also noted that the magistrate had framed charges against the complainant’s brother-in-law under IPC section 379, which was assailed on the ground that the accused was differently-abled and hence, could not have committed the offence.

The court said whether the accused was physically capable enough to commit the alleged offence can be determined during the trial after evidence is led by both parties.

Dismissing the revision petition, the court said, “There is no illegality in the impugned order so as to justify interference.”

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)

[ad_2]

Source link

Leave a Reply

Your email address will not be published. Required fields are marked *

Batman138 Bro138 Dolar138 Gas138 Gudang138 Hoki99 Ligaciputra Panen77 Zeus138 Kilat77 Planet88 Gaspol168 Sikat88 Rupiah138 Garuda138 Gacor77 Roma77 Sensa138 Panen138 Slot138 Gaco88 Elanggame Candy99 Cair77 Max7 Best188 Space77 Sky77 Luxury777 Maxwin138 Bosswin168 Cocol88 Slot5000 Babe138 Luxury138 Jet77 Bonanza138 Bos88 Aquaslot Taktik88 Lord88 Indobet Slot69 Paus138 Tiktok88 Panengg Bingo4d Stars77 77dragon Warung168 Receh88 Online138 Tambang88 Asia77 Klik4d Bdslot88 Gajah138 Bigwin138 Markas138 Yuk69 Emas168 Key4d Harta138  Gopek178 Imbaslot Imbajp Deluna4d Luxury333 Pentaslot Luxury111 Cair77 Gboslot Pandora188 Olxtoto Slotvip Eslot Kuy138 Imbagacor Bimabet