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Latest news April 17, 2021 47

Normal Wear and Tear in Family Cannot Amount to Torture to An Extent that Bride Committed Suicide: Delhi Court Acquits Husband and Family Members



A Delhi Court has recently acquitted husband and in laws of a deceased wife, who committed suicide within one month of marriage, of the charges of cruelty, dowry death and abetment to suicide after observing that "normal wear and tear in the family in an initial period of marriage cannot amount that the woman was tortured to an extent that she was compelled to commit suicide."



Additional Sessions Judge Charu Agarwal also went ahead to observe that "If a bride/girl commits suicide in unnatural circumstances within few days or month of her marriage, the law raises presumption against boy's family but doesn't it also show hyper sensitivity of a girl who did not give time to this pious relationship."



The facts of the case dates back to the year 2014 wherein a newly wedded wife committed suicide by hanging herself with the fan at her matrimonial home within one month of the marriage. A suicide note was also found in the room which was then seized by the IO on reaching the spot. The Court had framed charges under sec. 498A, 304B, 306 and 34 of the Indian Penal Code against the husband, brother in law and mother in law of the deceased.



While quoting the proverb "Rome was not built in a day" the Court was of the view that the said proverb rightly applies to marriage between two individuals.



"A successful marriage needs love, respect, mutual understanding and trust on each other. All these factors make two individuals as one couple not in a day or two but with passage of time, the couple spent together under one roof. In the initial period of marriage, if not all, but most of the marriages, be it love or arrange marriage, face various challenges. After marriage lot of things get changed, even if it is love marriage. The solution to these challenges lies equally in the hands of both boy and a girl and the said solution is only patience and calmness of the couple." The Court observed at the outset.



The Court, after perusing the testimonies of the prosecution witnesses, was of the view that though the witnesses have made allegations of harassment due to demand of dowry and torture, however, they did not clarify the manner in which the deceased was harassed, abused, beaten and taunted.



Moreover, while referring to the suicide note, the Court observed that it only indicates that there was some misunderstanding between the deceased and her husband and nothing else. Noting that the said note "does not even remotely whisper any kind of instigation or incitement" from the accused persons, the Court observed thus:



"Committing of suicide by deceased by hanging herself, that too within eight months of the marriage, does raise a suspicion that everything was not normal. This suspicion, however, cannot be a substitute for the proof of dowry demand or subjecting the deceased to harassment and cruelty i.e., the requisite ingredient which constitute the offence under section 498A/304B or 306 IPC."



While referring to the judgment of Rani Vs. State of NCT of Delhi of the Delhi High Court wherein the Court observed that every suicide after marriage cannot be presumed to be a suicide due to dowry demand, the Court observed that:



"The tendency of the Court should not be "that since any bride had died after marriage, now somebody must be held culprit and the noose must be meted to fit some neck."



In view of the aforesaid observations, the Court acquitted the accused persons of the charges on furnishing of fresh bail bonds to the tune of Rs. 10,000 in compliance of sec. 437A of CrPC.



Tags : #False Dowry Case# False case of Dowry Death against Husband and in-laws# 498 A IPC# 306 IPC# Best Lawyer for Criminal Case


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