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Tag: Reema Aggarwal Vs Anupam And Others

Reema Aggarwal Vs Anupam And Others on 14 November, 2013

Posted on July 21, 2018 by ShadesOfKnife

Hon’ble High Court of Punjab and Haryana dismissed the revision of knife against the acquittal judgment of husband and others from IPC 498A due to many reasons as listed out by the learned Sessions Judge.

Reasons for acquittal of Husband:

#1 admission made by petitioner Reema in her cross-examination that earlier she was married to Vipin Kumar, and their marriage had not been dissolved by the court of competent jurisdiction. It was, therefore, held that since marriage was not dissolved legally, therefore, her marriage with accused Anupam was void ab initio.

#2 in a case of second marriage, no demand for dowry is usually put forward. It was further observed that petitioner Reema in her statement had not given any particulars or the details of the demands made nor she deposed that any amount was ever given by her to any of the accused.

#3 Raj Mani, the father of the petitioner, made a statement that there was a demand of Rs. 2 lacs from her daughter Reema by the respondents and a sum of Rs. 5,000/- was given by him to his daughter on two occasions. However, the learned trial Court observed that these allegations were levelled for the first time when the said witness deposed before the Court and was duly confronted with earlier statement where no such allegations were made by the father, who stated so for the first time while stepping into the witness box. The said fact assumes significance because the statement of father of the petitioner was also recorded after seven months of the occurrence for which there is no explanation as to why statement was recorded at a belated stage.

#4 it is in the statement of Dr. Rajesh Kumar that Reema was taken to Tagore Hospital, Jalandhar by her husband and in-laws. It was observed that it is also a circumstance which should weigh in favour of the accused as normally, a criminal will not take the patient to hospital to keep victim alive if he had any intention to kill the victim.

#5 it has come in the testimony of Dr. Rajesh Kumar that petitioner herself had told the doctor that she has consumed the acid orally. Thus, the first statement, which was made to the doctor, the petitioner had admitted categorically that she had taken acid orally, which falsifies the entire prosecution story

#6 in the testimony of Dr. Vijay Mahan that if acid is administered forcibly, it is likely to cause some effect on other parts of the body. The Court observed that it is a matter of common knowledge that when a small child do not drink milk and if it is poured into his mouth from glass forcibly, in such circumstances, milk would always spill over other parts of body. However, there was no injury on the tongue or any part of mouth except swelling over the lips, which negates the story of forcible administration of poison

#7 the acid alleged to have been recovered was not sent to the Chemical Examiner for test nor was it produced before the Court. The stomach were not preserved and sent to the Chemical Examiner. Thus, taking into account the above facts, delay in the registration of case, inconsistencies and discrepancies in the statements of witnesses that the learned trial Court acquitted the respondents/accused

Reema Aggarwal vs Anupam And Others on 14 November, 2013

Earlier Supreme Court decision is here.

Posted in High Court of Punjab & Haryana Judgment or Order or Notification | Tagged 1-Judge Bench Decision CrPC 397/401 - Revision Reema Aggarwal Vs Anupam And Others Revision Dismissed | Leave a comment

Reema Aggarwal Vs Anupam And Ors on 8 January, 2004

Posted on July 21, 2018 by ShadesOfKnife

Defense of Accused:

Before the trial Court the accused persons put the plea that charge under Section 498-A was thoroughly misconceived as both Sections 304-B and 498-A IPC pre-suppose valid marriage of the alleged victim-woman with the offender-husband. It was required to be shown that the victim-woman was the legally married wife of the accused. Since it was admitted that the appellant had married during the lifetime of the wife of respondent no.1, what happened to his first marriage remained a mystery. Prosecution has failed to establish that it stood dissolved legally. Prosecution having failed to bring any material record in that regard, Section 498-A had no application.

From Para 18,

It would be appropriate to construe the expression ‘husband’ to cover a person who enters into marital relationship and under the colour of such proclaimed or feigned status of husband subjects the woman concerned to cruelty or coerce her in any manner or for any of the purposes enumerated in the relevant provisions  Sections 304B/498A, whatever be the legitimacy of the marriage itself for the limited purpose of Sections 498A and 304B IPC. Such an interpretation, known and recognized as purposive construction has to come into play in a case of this nature. The absence of a definition of ‘husband’ to specifically include such persons who contract marriages ostensibly and cohabitate with such woman, in the purported exercise of his role and status as ‘husband’ is no ground to exclude them from the purview of Section 304B or 498A IPC, viewed in the context of the very object and aim of the legislations introducing those provisions.

 

Finally,

Whether the offences are made out is a matter of trial. The High Court was not justified in summarily rejecting the application for grant of leave. It has a duty to indicate reasons when it refuses to grant leave. Any casual or summary disposal would not be proper. (See State of Punjab v. Bhag Singh (2003 (8) Supreme 611). In the circumstances, we set aside the impugned order of the High Court and remit the matter back to the High Court for hearing the matter on merits as according to us points involved require adjudication by the High Court. The appeal is allowed to the extent indicated.

Reema Aggarwal Vs Anupam And Ors on 8 January, 2004

The acquittal of the accused happened at sessions court and a revision on this acquittal at High Court of Punjab and Haryana was dismissed. Read it here.


Citations : [2004 AIR SC 1418], [2004 ALD CRI 1 452], [2004 CALLT SC 3 16], [2004 DMC SC 1 201], [2004 JT SC 1 177], [2004 KLJ 1 825], [2004 KLT SC 2 822], [2004 PLJR 2 64], [2004 SCALE 1 264], [2004 SCC 3 199], [2004 CRIMES SC 1 276], [2004 SCC CRI 699], [2004 SCR 1 378], [2004 SUPREME 1 355], [2004 KHC 0 668], [2004 RCR CRI 1 776], [2004 ACC 48 442], [2004 AIR SC 344], [2004 SRJ 2 49], [2004 CCR 1 163], [2004 JCRIC 1 209], [2004 CRJ 2 432], [2004 SLT 1 466], [2004 AIR SCW 344], [2004 CRLJ SC 892]

Other Sources :

https://indiankanoon.org/doc/1180389/

https://www.casemine.com/judgement/in/5609ae01e4b0149711412ad7

https://vlex.in/vid/crl-no-000025-000025-852345777

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Catena of Landmark Judgments Referred/Cited to Landmark Case Pre-suppose of Valid Marriage in IPC 498A Reema Aggarwal Vs Anupam And Others Reportable Judgement or Order | Leave a comment

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