'Courts Are Not Post­Office or Mouthpiece of Prosecution'

\"Charges are not to be mechanically framed. The courts are not supposed to act as a postoffice and mouthpiece of the prosecution,\" Additional Sessions Judge Praveen Kumar said.

Published: 18th August 2015 08:01 PM  |   Last Updated: 18th August 2015 08:01 PM   |  A+A-

By PTI

NEW DELHI: The courts are not supposed to act as a post­office or a mouthpiece of the prosecution, a Delhi court has said while it discharged a man of cruelty charges levelled by his estranged wife.

"Charges are not to be mechanically framed. The courts are not supposed to act as a post­office and mouthpiece of the prosecution," Additional Sessions Judge Praveen Kumar said.

While accepting a revision petition moved by the husband against a trial court order framing charges against him under sections 498A (cruelty) and 406 (criminal breach of trust) of IPC, the judge said the materials placed before the court do not disclose grave suspicion against him for charges to be framed.

"Considering the facts and circumstances of this case, after sifting and weighing the evidence for the limited purpose of finding out whether or not a prima facie case is made out against the petitioner, I am of the opinion that the materials placed before the Court do not disclose the grave suspicion against the petitioner for framing a charge against him under section 498A and 406 of IPC," the judge said.

Merely stating that the husband used to severely beat and abuse the wife was not enough and allegations against him were vague and had no nexus with dowry demand, the court said. It further said that since the dowry articles were entrusted with parents-in-law and there was no allegation that these items were entrusted to the husband, section 406 of IPC (punishment for criminal breach of trust) is not attracted.

"By and large, however, if two views are equally possible and the court is satisfied that the evidence produced before it while giving rise to some suspicion but not grave suspicion against the accused, it will be fully justified in discharging the accused," it said. Husband, in his revision petition had contended that there were no specific allegations to establish a prima facie case against him. According to the prosecution, a complaint was lodged by the woman in September 2011, alleging harassment and torture by her husband. She had alleged that despite a settlement in court, her husband and his family members did not mend their ways and used to quarrel with her regularly.

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