GAUHATI HIGH COURT ISSUES ORDER ON MD JEHIRUDDIN AHMED V/S THE STATE OF ASSAM AND ANR.

GUWAHATI, India, Oct. 9 -- Gauhati High Court issued the following order on Sept. 9:

1. 1. Heard Mr. T. J. Mahanta, the learned senior counsel assisted by Mr. T. Gogoi, the learned counsel for the petitioner. Also heard Mr. B. Sarma, the learned Additional Public Prosecutor for the State respondent.

2. This Criminal Revision has been filed by the petitioner, namely, Md. Jehiruddin Ahmed, impugning the judgment and order dated 16.03.2013 passed in Criminal Appeal No. 06/2013 by the learned Session Judge Golaghat, whereby the appeal preferred by the present petitioner as appellant before the said Court, impugning the judgment and order dated 06.02.2008 passed by the Court of learned Sub-Divisional Judicial Magistrate (Sadar), Golaghat, convicting and sentencing the present petitioner under Section 498A of the Indian Penal Code, was dismissed. The Trial Court had convicted the present petitioner under Section 498A of the Indian Penal Code and had sentenced him to undergo simple imprisonment for 3 three years and to pay a fine of Rs. 5,000/- and in default of payment of fine to suffer further simple imprisonment for three months.

3. The fact relevant to consideration of the instant Criminal Revision is that on 25.06.2006, one Jerina Begum had lodged an complaint before the Court of learned Chief Judicial Magistrate, Golaghat, inter-alia, alleging that she was married to the present petitioner on 06.10.2004 fixing a Mahr (dower) of Rs. 51,101/-. It was alleged in the complaint that the complainant was kept by the petitioner in his house at Tengakhat in the Dibrugarh District. It was also alleged in the complaint that the complainant was subjected to torture by the petitioner and other two accused persons for dowry. It was further alleged that the complainant was treated like a maid servant and was kept confined in a room under lock and key. She was also physically tortured. Ultimately, on 09.05.2006, she was driven out of her matrimonial house asking her to bring Rs. 3,00,000/- as dowry.

4. Upon receipt of the complaint, same was transferred to the Court of learned Judicial Magistrate First Class, Golaghat. The cognizance of offence under Section 498A/323/34 of the Indian Penal Code against all the accused persons, including the petitioner and summons were issued to them. Later on, the case was again transferred to the Court of learned Sub-Divisional Judicial Magistrate (S), Golaghat.

5. During trial, the complainant adduced the evidence of six witnesses to bring home the charges against the accused persons. The accused persons were examined under Section 313 of the Code of Criminal Procedure, 1973, during which they pleaded their innocence and denied the truthfulness of the testimony of the prosecution witnesses. The accused persons, however, did not adduce any evidence in their defence.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=T2Oj5Y97nX2tmju2FyqIU3gtH5fFzfhDdj8ScFS41GzlJ4NjhU2OB0mc7wT9%2F%2Fap&caseno=Crl.Rev.P./217/2013&cCode=1&cino=GAHC010130292013&state_code=6&appFlag=)

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