No conviction for mere demand of dowry: SC
The Supreme Court has ruled that a person cannot be convicted for merely demanding dowry unless the demand is followed by mental or physical torture resulting in the death of the victim.
A Bench of Justices R M Lodha and A K Patnaik said in a judgement that the prosecution has to establish convincing evidence that the accused had subjected the victim to torture soon before her death in connection with the demand.
"The evidence of Prosecution Witness-2, PW-4 and PW-5 shows that Jagdish and Gordhani played a role in the demand of dowry for a scooter or Rs.25,000/ for Amar Singh but demand of dowry by itself is not an offence under Section 498A or Section 304B IPC".
"What is punishable under Section 498A or Section 304B of IPC is the act of cruelty or harassment by the husband or the relative of the husband against the woman," the Bench said.
The Bench passed the judgement while upholding the acquittal of Gordhani, mother-in-law, and Jagdish, brother-in-law, in a dowry death case of newly-married woman Santosh in Rajasthan's Alwar district in 8th March, 1993.
It however, upheld the conviction of the husband Amar Singh.
The sessions court had convicted all the three for dowry death(304B) and 498A(harassment of married woman by husband/relatives).
The Rajasthan High Court had on an appeal from the accused quashed the conviction of Jagdish and Gordhari while sustaining the life sentence imposed on Amar Singh.
While the state government had appealed against the acquittals, Amar Singh challenged his conviction.
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Very unfortunate decision.. When the court has decided that there was a demand for dowry, then it is punishable under law.. The Court should have not only gone with the section and the law mentioned in the charge sheet, it should have also gone into all the relevant acts and provisions..