Anita Majhi vs The State Of West Bengal & Ors
2023 Latest Caselaw 2453 Cal

Sl. No. 2




                 IN THE HIGH COURT AT CALCUTTA
                  CRIMINAL APPELLATE JURISDICTION
                          APPELLATE SIDE
Present:
The Hon'ble Justice Joymalya Bagchi
                  And
The Hon'ble Justice Ajay Kumar Gupta


                               C.R.A. 320 of 2019

                                  Anita Majhi
                                     -Vs-
                        The State of West Bengal & Ors.


For the Appellant        :      Mr. Manas Kumar Das, Adv.
                                Mr. Aritra Kumar Thakdar, Adv.


For the respondent       :      Mr. Pratip Kumar Chatterjee, Adv.

For the State            :      Mr. Saibal Bapuli, ld. A.P.P.
                                Ms. Sayanti Santra, Adv.



Heard on                 :      11.04.2023


Judgment on              :      11.04.2023


Joymalya Bagchi, J. :-

1. Appellant had assailed judgment and order of acquittal dated

29.08.2017. Respondent nos.2 to 6 were made to stand trial on the

charge of committing offences punishable under Sections

498A/307/34 of the Indian Penal Code.

2. Prosecution case as alleged against them was to the effect that victim

Anita Majhi was married to Subrata Majhi, respondent no.2 herein

on 20.06.2007. Cash, gold ornaments and other articles were given

as dowry. On a further demand of Rs.50,000/-, she was subjected to

cruelty. On 25.06.2008 while she was pregnant, she was assaulted

by her in-laws and her husband put a napkin round her neck. Her

ornaments were taken away and she was driven out of the

matrimonial home. Few days later she delivered a female child.

Thereafter, she lodged complaint. Prosecution examined nine

witnesses to prove its case.

3. On an analysis of the evidence on record, trial Court acquitted the

respondent nos.2 to 6 herein.

4. We have considered the evidence on record in the light of the reasons

given by the trial Court. The trial Judge held there was inordinate

delay in lodging FIR. It is alleged that the victim was assaulted and

driven out of the matrimonial home on 25.06.2008 and the FIR came

to be lodged on 13.11.2009 i.e. 15½ months later. Trial Judge also

noted no contemporaneous complaint was lodged by the father of the

victim (PW2) on 18.10.2009 though he alleged that he had been

threatened by the respondent nos.2 to 6 on that day.

5. Accordingly, trial Court refused to believe the allegations of torture

and demands of dowry. Reasoning of the trial Court cannot be said to

be either perverse or unfounded. Though the appellate Court is

entitled to reappreciate evidence but in a case of acquittal when the

trial Court has analysed the entire evidence on record and has come

to a finding which is neither perverse nor contrary to law, the Court

would be loathe to interfere with such finding.

6. In the light of the aforesaid discussion, the appeal is dismissed.

7. Lower court records along with a copy of this judgment be sent down

at once to the learned trial Court for necessary action.

8. Photostat certified copy of this judgment, if applied for, be given to

the parties on priority basis on compliance of all formalities.

I agree.

(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)

akd/PA