1|Page PRC Case No-1971/18

State Vs Ashim Hazarika

IN THE COURT OF JUDICIAL MAGISTRATE FIRST CLASS,
NAGAON
Present: Smti. Jahnabi Devi, AJS
Judicial Magistrate First Class, Nagaon
08/04/2022
(CASE NO- PRC 1971/18 )
FIR NO- 2361 dated 27.08.17
U/S- 498(A) of IPC.
NAGAON P.S 2361/17
COMPLAINANT STATE OF ASSAM

REPRESENTED BY: NAME OF ADVOCATE

Ld. APP Smti M.Borah
ACCUSED (A 1) Ashim Hazarika
S/O- Sri Dhir Sing Das
All are resident of Madhupur, Kadamtal
P.S: Nagaon, District: Nagaon(Assam)

REPRESENTED BY: Sri Gajen Bora

Date of Offence 28/08/2017

Date of FIR 27/08/2017
Date of Charge Sheet 28/02/2018
Date of framing charges 09/01/2020
Date of commencement of evidence 08/04/2022
Date on which judgment is reserved 08/04/2022
Date of Judgment 08/04/2022
Date of the sentencing Order, if any NA
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State Vs Ashim Hazarika

ACCUSED DETAILS

Rank Name Dat Date Offenc Whether Senten Period of

of the of e of of es Acquitte ce Detention
Accus Accuse Arre Releas charge d or Impose Undergone
ed d st e on d with Convict d during Trial
for purpose
Bail ed
of Sec. 428
Cr.P.C.
A1 Ashim NA NA 498(A) Acquitte NA NA
Hazarik of IPC d
a

JUDG MENT
1. The prosecution case in brief is that one Rashmi Bora
lodged an ejahar before the O/C Nagaon P.S stating that
on 25.02.2017 she got married with the accused out of
love affair. After marriage he tortured her both physically
and mentally in furtherance of his demand of money.
Hence, this ejahar.
2. On receipt of the ejahar, the O/C Nagaon P.S
registered a case being No.2361/17 U/s. 498(A) of IPC
and started investigation of the case. After completion of
investigation, the Police submitted charge sheet against
the accused under section 498 (A) IPC.
3.On appearance before Court, copies were furnished to
the accused person and upon hearing both sides my ld.
Predecessor framed a formal charge against the accused
person under section 498 (A) of the IPC and the contents
of charges are read over and explained to the accused
persons to which he pleaded not guilty and claimed to be
tried.
4. The prosecution has examined only the informant cum
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State Vs Ashim Hazarika
victim and declined to adduce further evidence. The
examination of the accused under section 313 Cr.P.C is
dispensed with as the same is found not necessary.
5.I have heard argument of both sides and also gone
through the evidence of prosecution witnesses.
6.POINT FOR DETERMINATION:
Whether the accused being the husband of
the informant since after her marriage with him
subjected her to cruelty ( physically and mentally)
in furtherance of his demand of money and
thereby committed an offence U/S 498(A) IPC ?
7. DISCUSSION, DECISION AND REASONS
THEREOF:
P.W. 1 Rashmi Bora stated in her deposition
that she is the informant of this case and she
lodged this case against her husband. On 25.02.17
she married with the accused. After marriage she
had difference of opinion in some family matters.
As such, she lodged the case.
Exhibit 1 is the ejahar, Exhibit 1 (1) is her
signature.
During cross examination she stated that she
has been residing with her husband at present. She
further stated that her husband neither tortured her
nor demanded money from her.
Thus, it is seen that being the principal witness
of the occurrence the P.W-1 has not supported the
case of the prosecution. The Exhibit 1 remained
uncorroborated. The victim herself made it clear
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State Vs Ashim Hazarika
during her cross examination that the accused
neither tortured her nor demanded money from her.
Thus, it appears that the informant lodged the
instant case due to some difference of opinion in
family matters.
In the absence of any evidence against the
accused person regarding his involvement in the
offence as alleged, I have no hesitation to held that
the prosecution has failed to prove the guilt of the
accused by adducing cogent evidence. As such, the
accused is entitled to be acquitted.
In view of the above, the accused Ashim
Hazarika is acquitted of the charge u/s 498 (A) IPC
and set at liberty forthwith.
The bail-bond of the accused is extended for
the further period of six month from the date of the
order.
The judgment is delivered in the open Court in
presence of the accused persons and his learned
Counsel.
Given under my hand and the seal of this
Court, on this the 8th day of April, 2022.

Judicial Magistrate First Class,

Nagaon
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State Vs Ashim Hazarika
APPENDIX
LIST OF PROSECUTION/DEFENCE/COURT WITNESS
A. Prosecution:
RANK NAME NATURE OF
EVIDENCE
PW1 Rashmi Bora Direct witness

B. Defence Witness, if any:

RANK NAME NATURE OF
EVIDENCE
NIL NIL NIL

C. Court Witness, if any:

RANK NAME NATURE OF
EVIDENCE
NIL NIL NIL

LIST OF PROSECUTION/DEFENCE/COURT EXHIBITS

A. Prosecution:
Sr. No. Exhibit Number Description
1. Exhibit 1 (P.W-1) Ejahar

B. Defence
Sr. No. Exhibit Number Description
1. NIl Nil

C. Court Exhibits:
Sr. No. Exhibit Number Description
1. NIl Nil

D. Material Objects;
Sr. No.Exhibit Number Description
1. NIl NIl

Judicial Magistrate First Class,

Nagaon