By sunita ⋅ January 12, 2009
New Delhi, Jan 08:
The Supreme Court has ruled that in dowry death cases it is not necessary that the prosecution should prove with mathematical precision that the victim was subjected to harassment soon before her death.
Whether or not the cruelty or harassment meted out to the victim for or in connection with the demand of dowry was soon before her death and the proximate cause of her death, under abnormal circumstances, would depend upon the facts of each case. There can be no fixed period of time in this regard,” the apex court observed.
A bench of Justices L S Panta and Aftab Alam in a judgement said that the words ’soon before her death’ occurring in section 304 B of the Penal Code are to be understood in a relative and flexible sense.
“Those words cannot be construed as laying down a rigid period of time to be mechanically applied in each case,” the apex court said while dismissing the appeal filed by a man and his parents sentenced to 10 years imprisonment in a dowry death case.
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Tags : Criminal Law
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