A Delhi court has refused to discharge a man and his mother accused of harassing his wife for dowry, saying charges can be framed on the basis of grave suspicion.
The court dismissed the petition of the accused mother-son duo who contended that a magisterial court “erred” by framing charges on the woman’s complaint against them as she made different claims in the FIR before the Crime Against Women Cell and the police.
Refusing to accept the contention, Additional Sessions Judge Rakesh Kumar-I said, “An FIR is not supposed to be an encyclopedia of the entire events and cannot contain minute details of the events.”
The court said at this preliminary stage of trial, the court is not required to see and evaluate evidence proposed to be led by prosecution meticulously with an idea to find out guilt of the accused.
“At this stage, the court is required to see only prima facie evidence and even the charge can be framed on the basis of grave suspicion,” it said.
Holding that there was “no infirmity or illegality” in the observation of the trial court, it said the magistrate “has considered each and every aspect of the case while passing the order and has taken into account all the aspects of the case and there is no reason to interfere in findings of the same”.
The court also rejected the contention of the accused, residents of Vikaspuri here, that complaint was vague, saying there are specific allegations of demand of dowry and cruelty meted out to complainant by the accused persons, “therefore, order regarding framing of charge against them is perfect.”
The woman had lodged an FIR in 2012 against her husband and mother-in-law under sections 498A(subjecting woman to cruelty) and 406 (criminal breach of trust) under IPC.