Mother-in-law and Sister-in-law Discharged Due to Lack of Evidence; Husband and Other Accused to Face Trial
In a significant ruling, the Calcutta High Court has granted partial relief in a domestic violence case involving allegations of physical assault and administration of wrong medicine. The judgment, delivered by Justice Chaitali Chatterjee Das, discharged the mother-in-law and sister-in-law of the complainant, citing a lack of substantive evidence against them. However, the court ruled that the husband and other accused must face trial due to specific allegations supported by medical evidence.
The case, Bharat Soni v. Nandini Soni, revolved around a complaint filed by Nandini Soni against her husband and in-laws, alleging physical assault and the administration of wrong medicine. The complainant claimed that the incidents took place shortly after her marriage in 2015 and that she suffered severe health issues as a result. The complaint was lodged in 2017, following a divorce proceeding initiated by her husband.
The High Court meticulously examined the evidence presented, including medical prescriptions and doctor's certificates. Justice Das noted that the evidence against the mother-in-law and sister-in-law was primarily vexatious or malicious, lacking any concrete support. As a result, they were granted discharge from the charges under Section 308 of the Indian Penal Code.
Conversely, the court found that the husband's actions were corroborated by medical evidence, including a doctor's prescription from the date of the alleged assault. Therefore, the husband and other accused with specific allegations will continue to face trial.
This judgment highlights the court's duty to prevent the abuse of the legal process while ensuring justice is served. It underscores the importance of substantial evidence in criminal proceedings, particularly in cases involving serious allegations like domestic violence.
The Calcutta High Court's decision sets a precedent for similar cases, emphasizing the need for concrete evidence to substantiate claims of abuse and assault.
Bottom Line:
Discharge application under Section 308 IPC - Allegations of physical assault and administration of wrong medicine - Lack of substantive evidence against certain accused - Discharge granted for mother-in-law and sister-in-law due to absence of prima facie materials, while other accused with specific allegations were directed to face trial.
Statutory provision(s): Section 308 IPC, Sections 227 and 482 of the Code of Criminal Procedure, 1973
Bharat Soni v. Nandini Soni, (Calcutta) : Law Finder Doc id # 2857818
