New Delhi: A sessions court here has set aside the one-year jail term given to a man for beating and torturing his wife for dowry, saying the alleged cruelty has not been proved as there were contradictions in the woman's testimony.
"There are contradictions, omissions and improvements in the testimony of the complainant," the court said, noting that FIR did not contain allegations made by her in the court room.
Special Judge Praveen Kumar acquitted the man, a Delhi resident, of the charges of subjecting wife to cruelty under section 498A of the IPC while setting aside the sentence and the amount of Rs 1.2 lakh as compensation to the complainant.
"There is no magic wand in hands of a judge to ascertain as to whether a person is telling the truth or not. It's only after assessing evidence that has come on record it can be ascertained whether the case against the appellant/accused has been proved or not," the court said.
The man, in his appeal against his conviction and sentence had contended that it was his wife who had tortured him and his family members because of which his parents had died.
A magisterial court had on April 1 sentenced the man to one year in jail on his wife's complaint alleging that she was mercilessly beaten by her husband and his brother for bringing insufficient dowry and was also hit several times by a pair of tongs.
She had alleged in her complaint that her husband had asked her to bring Rs two lakh from her parental house and was beaten by him in 1999.
The sessions court, while allowing the man's appeal, said it has not been proved beyond reasonable doubt that the alleged cruelty was of such a gravity as is likely to drive her "to commit suicide or to cause grave injury or danger to life, limb or health."
"Thus, ingredients of section 498A IPC are not proved against the appellant and, as such, he cannot be convicted under the said provision," it said.