1 2025:CGHC:9495 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No. 81 of 2020 1 - Smt. Sonkunwar Patel W/o Janaki Prasad Ajambar Patel Aged About 35 Years Resident Of Village Fulba, Post Navrangpur, Police Station Kotraroad, Tahsil And District Raigarh, Chhattisgarh ... Applicant(s) versus 1 - Janaki Prasad @ Ajambar Patel S/o Late Shri Darasram Patel Aged About 30 Years Resident Of Bade Rampur Raigarh, Police Station Kotwali, District Raigarh Chhattisgarh 2 - Atargyani @ Damaru Patel (Died And Deleted) As Per Honble Court Order Dated 24-02-2025 3 - Gurucharan Patel (Died And Deleted) As Per Hon’ble Court Order Dated- 24-02- 2025 4 - Smt. Sumarati Patel W/o Late Darasram Patel Aged About 60 Years Resident Of Bade Rampur Raigarh , Police Station Kotwali, District Raigarh Chhattisgarh 5 - State Of Chhattisgarh Through District Magistrate Raigarh District Raigarh Chhattisgarh. ... Respondent(s) For Applicant (s) : Shri Ashutosh Shukla, Advocate For Respondent No.1 & 4 : Shri Manoj Kumar Jaiswal, Advocate For Respondent / State : Ms. M. Asha, Panel Lawyer for the State 2 ({Hon’ble Shri Justice Sachin Singh Rajput}) Order on Board 24/02/2025 With the consent of the parties, the matter is heard finally. 1. This revision under Section 397 R/w Section 401 of the CrPC has been filed by the applicant being aggrieved by the impugned judgment of acquittal dated 31/10/2019 passed by the learned 3rd Additional Sessions Judge, Raigarh in Cr.A.No.109/2018 whereby respondents have been acquitted from the charges under Section 498-A of IPC. 2. Facts of the case in nutshell is that the complainant / applicant Sonkunwar Patel was married to Janaki Prasad / respondent No.1 on 14/05/2011. Thereafter, he along with his family member subjected her to cruelty in connection with demand of dowry. Report was lodged, investigation was set on motion and after completion of investigation, charge sheet was filed. The respondents were charged for offence punishable under Section 498-A/34 of IPC. They denied the charges and claimed to be tried. 3. Prosecution, in order to bring home the guilt of the accused persons, examined as many as 7 witnesses. 4. Learned trial Court, after due appreciation of evidence acquitted the accused persons from all the charges. Being aggrieved by the same, an appeal was preferred before the Appellate Court which was also dismissed by the impugned judgment. 5. Learned counsel for the applicant submits that both the Courts below committed an error of law in acquitting the respondents / accused persons as there is sufficient evidence brought on record for their conviction. Therefore, he prays that the impugned judgment may be set aside and the respondents may be convicted. 6. Learned counsel for respondents 1 and 4 supports the impugned judgment 3 of acquittal and submits that the learned trial Court as well as the appellate Court have meticulously examined the evidence available on record and acquitted the respondents. 7. Learned State counsel supports the argument of counsel for the applicant. 8. This is a revision filed under Section 397 R/w 401 of CrPC. Learned trial Court has meticulously examined the statement of complainant Sonkunwar (PW1) and Gomti (PW2) and considering the glaring contradictions and omissions in their statement, came to a finding that the prosecution was not able to prove the case against the respondents. This finding of fact has also been affirmed by the learned appellate Court. It is well settled that in the revisional jurisdiction, this Court cannot re-appreciate the evidence as an appellate Court until the findings recorded by the Court below are absolutely perverse or untenable in law or is grossly erroneous. (please see Kishan Rao v. Shankargouda, (2018) 8 SCC 165). Both the Courts, after due assessment of evidence gave finding of acquittal of the respondents. The findings appear to be based upon proper appreciation of evidence and no illegality and jurisdictional error are found in the impugned judgment. Therefore, this revision fails and is accordingly dismissed. Sd/- ({Sachin Singh Rajput}) JUDGE Deepti DEEPTI HARIKUMAR Digitally signed by DEEPTI HARIKUMAR Date: 2025.03.04 10:39:34 +0530