The High Court judge got angry after hearing the trial court’s decision, said – only one person is guilty… 2 judges were sentenced
Patna High Court gave a historic verdict in a dowry harassment case. The court gave symbolic punishment to two judges of Samastipur District Court for wrongly conducting trial and then sentencing the petitioner. Considering the torture suffered by the petitioner, the High Court ordered to pay symbolic compensation of Rs 100 to both the judges. Justice Vivek Chaudhary’s bench said in its order that a person was convicted against whom the case was not even worth being tried. The said order was passed while accepting a petition filed by Sunil Pandit, a resident of Dalsinghsarai subdivision of Samastipur district, against the punishment given to him by the subordinate court.
Pandit had challenged an order of the Additional Sessions Court of Samastipur, which sentenced him to three years of rigorous imprisonment in 2016. The petitioner was named in an FIR lodged by a woman hailing from the same village. The woman had accused her husband of dowry harassment. Justice Chaudhary acquitted the petitioner of the offence under Section 498A (cruelty against a woman by her husband or his relatives) of the IPC and the Dowry Act. The court found that the petitioner was not a relative of the husband of the said woman but merely an advisor to the other accused persons.
Fine imposed on Session Judge and Magistrate Judge…
The High Court directed the concerned judicial officers, Sub-Divisional Judicial Magistrate, Additional Session Judge-III, Chief Judicial Magistrate of Samastipur to deposit a symbolic amount of Rs 100 each in the section. Justice Chaudhary said that this “symbolic amount” is being imposed in view of the mental agony, trauma and social disgrace suffered by the petitioner due to the indifferent attitude of both the subordinate courts. Justice Chaudhary said, “It is the obligation and duty of all courts to carefully investigate the complaint and then take cognizance and take action against the accused persons in accordance with the law.”