In order to attract the penal provisions of the offences punishable under Sections 406 and 498-A IPC, there must be specific allegations/overt acts and prima facie material against the accused to indicate that the dowry articles were actually entrusted to him and he misappropriated the same

Sanjiv Kumar vs State of Haryana and another

Punjab and Haryana HC

21/05/2012

Criminal Misc.No.M-28371 of 2008

About/from the judgment:

It is now well settled principle of law that, in order to attract the penal provisions of the offences punishable under Sections 406 and 498-A IPC, there must be specific allegations/overt acts and prima facie material against the petitioner to indicate that the dowry articles were actually entrusted to him and he misappropriated the same. The in-laws and other relations cannot, in all cases, be held to be involved in the demand of dowry. In cases, where such accusation is made, the overt acts attributed to such persons, other than husband, are required to be prima facie established. By mere conjectures and implications, such relations cannot be held to be involved for the offences relating to the demand of dowry, which are totally lacking in the present case. As the Bench mark, all the essential ingredients to constitute the offences and element of the complicity of petitioner, are totally missing, therefore, to me, no criminal prosecution can legally be permitted to continue against him, in view of the law laid down by the Hon'ble Supreme Court in cases Ramesh and others Versus State of Tamil Nadu, 2005 (2) R.C.R.(Criminal) 68, Sushil Kumar Sharma Versus Union of India and others, 2005(3) R.C.R.(Criminal) 745 and Kans Raj Versus State of Punjab and others, 2000(2) R.C.R.(Criminal) 695.

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