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False Dowry Death Case | No Specific Demand, No Proof Of Cruelty: Delhi Court Acquits Husband And In-Laws In 498A And 304B IPC Case

False Dowry Death Case Husband, In-Laws Acquitted

False Dowry Death Case Husband, In-Laws Acquitted

The case collapsed as the allegations were vague, witnesses contradicted each other, and no reliable evidence connected the accused with dowry-related cruelty before death.

NEW DELHI: Additional Sessions Judge Yadvender Singh of a Delhi court has acquitted a husband, his brother and his mother in a 2016 dowry death case after holding that the prosecution failed to prove the charges beyond reasonable doubt.

The case was related to the death of a married woman, who allegedly died by hanging at her matrimonial residence in Madipur on October 29, 2016. Her family had alleged that she was harassed by her husband, brother-in-law and mother-in-law for dowry and for a motorcycle.

The three accused were facing charges under Section 304B IPC for dowry death and Section 498A IPC for cruelty by husband or his relatives.

The court, in its order dated June 9, found that the evidence produced by the prosecution was not strong enough to convict the accused.

“From the testimonies of witnesses and circumstances and facts of this case, at this stage, this court comes to the conclusion that the case of the prosecution does not inspire the confidence of this court as prosecution has failed to prove the guilt of accused persons beyond the reasonable doubt,”

The court noted that the statements of the deceased woman’s father, mother and relative had material contradictions, omissions and improvements. Because of these serious inconsistencies, the court found their evidence unreliable.

The court further said that the prosecution could not prove that there was any dowry demand soon before the death of the woman. This was important because “soon before death” harassment linked to dowry demand is a key requirement in a dowry death case.

“It cannot be treated to have been proved that actually accused had made a demand of dowry and that was made soon before the death and due to this, the deceased was harassed,”

The court also noted another important gap in the prosecution case. No documentary proof was produced to clearly establish the exact date of marriage. Because of this, the court said it could not be conclusively proved that the death had taken place within seven years of marriage, which is an essential condition for attracting the offence of dowry death under Section 304B IPC.

The prosecution had claimed that the deceased used to regularly inform her parents on phone about dowry-related harassment. However, the court found that no call detail records were produced to support this claim.

The court also observed that there was no prior police complaint or complaint before any authority regarding dowry demand. No medical evidence was also produced to show injuries caused by alleged beatings.

“I am of the considered opinion that there is lack of evidence to prove the demand of dowry and that the evidence led by the prosecution bristles with discrepancies and contradictions,”

The court further noted that some prosecution witnesses, including neighbours and relatives, stated that the deceased was living cordially with her husband. It was also stated that the brother-in-law was living separately.

After considering the evidence, the court held that the basic ingredients of Section 304B IPC and Section 498A IPC were not proved. On this ground, the court acquitted all three accused.

EXPLANATORY TABLE: LAWS AND SECTIONS INVOLVED

Law / SectionMeaningRole In This Case
Section 304B IPCDowry deathCharge against husband failed because prosecution could not prove dowry demand, cruelty soon before death, and death within 7 years of marriage.
Section 498A IPCCruelty by husband or relativesFailed because court found only general allegations and no proved wilful conduct.
Section 34 IPCCommon intentionApplied with 498A, but failed after cruelty allegations were not proved.
Section 351 BNSSStatement of accusedAccused statements were recorded under this provision, earlier corresponding to Section 313 CrPC.
Section 313 CrPCEarlier provision for accused statementMentioned as the old equivalent of Section 351 BNSS.
Section 65B Evidence ActElectronic evidence certificateMentioned regarding PCR/control room record certificate.
Section 113B Evidence ActPresumption as to dowry deathCourt held presumption could not arise because basic ingredients of 304B IPC were not proved.
Section 481 BNSSBail bonds after acquittalAccused were directed to furnish bail bonds for six months after acquittal.

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