Husband freed of cruelty charge as wife could not be traced

A Delhi court has acquitted a man along with his mother of the charge of cruelly treating his wife who failed to depose in court as summons issued to her remained "unserved".
Metropolitan Magistrate Niti Phutela absolved the man and his mother, south Delhi residents, of the charges of subjecting woman to cruelty (section 498A) and criminal breach of trust (section 406) under the IPC.
"Complainant herself who had lodged the complaint on the basis of which FIR was registered remained unserved along with other witnesses even through DCP concerned. Hence, no other witness was available to support the case of prosecution.

"Therefore, in the absence of any of the witnesses the version of prosecution has not been corroborated to prove demand of dowry and consequential cruelty and breach of trust for not returning the articles of complainant. Hence, the guilt of both the accused persons is not proved beyond reasonable doubt," the magistrate said.
The court said that the woman and her parents, who had filed the complaint, had to be dropped out of the list of prosecution witnesses as they did not appear in court to adduce evidence.
It noted that the remaining persons who were examined, had deposed that the said matter was settled in 2003.

"The testimonies of other witnesses are also of not much help to the prosecution because they deposed that matter was settled and all the articles were returned to the complainant. The said witnesses were formal witnesses," it said.

According to the prosecution, the woman, who got married in 1999, had lodged a complaint in 2001 alleging that her husband and in-laws, including her mother-in-law and other family members, had tortured her for not bringing dowry as per their demands.
It also alleged that they forcibly took the woman's wedding gifts given to her by her parents and refused to return them on being asked repeatedly.

Except the man and his mother, rest of the relatives were discharged in the case.
During the trial, the mother-son duo had contended that they were falsely implicated by the woman as she wanted to reside with her husband at her parents' house.