Young Girls Don’t Get Married to Be Killed for Dowry; Supreme Court Cancels Bail Granted in Dowry Death Case
The Court emphasised that dowry death cases carry statutory presumptions under Section 118, Sakshya Adhiniyam, 2023 which cannot be ignored.
The Court emphasised that dowry death cases carry statutory presumptions under Section 118, Sakshya Adhiniyam, 2023 which cannot be ignored.
Patna High Court had quashed criminal proceedings against the sister-in-law whereas father & mother-n-law were declined relief for similar allegations. The Supreme Court held that High Court erred in applying different standards to persons who stood on an identical footing insofar as the nature of the allegations against them was concerned.
“Beyond the immediate family, such acts corrode social conscience, and strike at the hope of a society to be free from discrimination. If such practices are allowed to continue, it would send a message that human life has little value.”
It is quite understandable that being the deceased’s father, he would have been highly traumatized due to untimely death of his daughter. However, it is quite evident from his first statement that no details of the alleged harassment of the daughter were mentioned.
“Every dispute, quarrel or altercation arising from the matrimonial life are not criminal offence. It will take colour of Criminal law only when there are no alternatives for the wife but to put an end to her life, because of the harassment.”
“In cases of domestic violence, it is not prudent to look for independent corroboration for the evidence of a victim, particularly when the incidents of domestic violence including ill-treatments and harassments often occur within the confines of a house.”
“To prove the offence of dowry death, it must be shown that there was cruelty and harassment within 7 years of marriage and that it was meted out for or in connection with, demand for dowry”.
“Their marriage had a rocky start and unfortunately, differences and the mistrust which got generated in the beginning did not let their relationship flourish further.”
Karnataka High Court: Krishna S. Dixit dismissed the petition being devoid of merits. The facts of the case are such that the