Srinagar, Nov 25, KDC: A decade-old matrimonial cruelty case ended in an unexpected twist when the couple’s daughter told the court that the allegations of physical abuse and theft made by her mother were “false” and “concocted,” a statement that sharply contrasted with the prosecution’s narrative and contributed to the acquittal of the accused after ten years of trial.
According to details, the case had been filed by Shamima Akther, now around 52, against her husband Mohammad Akber Bhat, 55, a resident of Harwan, who had been charged under Sections 498-A, 406 and 506 of the Ranbir Penal Code after she approached the court in 2015. The couple had been married for nearly twenty-seven years and are parents to five children. Shamima had accused her husband of cruelty, physical violence, threats, and misappropriation of gold ornaments belonging to their daughter.
The Third Additional Munsiff Judicial Magistrate Srinagar, presided over by Varun Kumar, in a detailed 23-page judgment, noted that the prosecution’s evidence was marked by contradictions, vague statements, and the absence of any medical or documentary proof of violence. The court observed that while the complainant spoke of beatings with a lock and a stick, no specific dates were provided, no injury memo or medical record was produced, and her version did not align with those of her children who testified for the prosecution.
The court noted that the daughter Mymoona, who was projected as the victim of an assault, did not provide any clear or coherent description of the alleged incident or weapon. The judge wrote that her statement lacked specific details of cruelty or intimidation and did not corroborate the mother’s claims.
In contrast, their other daughter Rukhsana, appearing as the sole defence witness, told the court that although “verbal fights” happened at home, “there was no manhandling” and that the case filed by her mother and siblings was “concocted and untrue.” She maintained during cross-examination that the allegations of extra-marital relations and physical violence were baseless and insisted that her father had been managing the household until the case was initiated.
The court further noted that the son Ashiq Hussain Bhat spoke of injuries but admitted he did not know how they occurred and could not specify any instance or weapon involved. The judgement pointed out that no neighbour who allegedly witnessed these incidents came forward to support this claim, weakening the prosecution’s version further.
Regarding the allegation of stolen gold ornaments, the court recorded that the Investigating Officer himself admitted that Section 379 had been dropped during the probe, and that none of the recovery documents or memos were proved. The court described the investigation as “shaky and doubtful.”
The magistrate relied on multiple Supreme Court rulings cautioning against vague, exaggerated, or omnibus allegations in matrimonial disputes, noting that family-related testimony requires careful scrutiny. Referring to the inconsistencies, the court observed that “no direct incident of violence, intimidation or cruelty” had been established and that the prosecution evidence created “doubt in the mind of the court.”
After analysing the testimonies and shortcomings in the investigation, the court held that the prosecution had failed to prove cruelty, criminal breach of trust, or intimidation beyond reasonable doubt. Mohammad Akber Bhat was acquitted of all charges, and his bail and surety bonds were discharged, bringing the long-pending case to a close. (KDC)
