Delhi court acquits husband, two others in dowry death case

A Delhi court has acquitted a man and two members of his family in a 2016 dowry death case, saying the prosecution failed to prove the allegations beyond reasonable doubt.

Additional Sessions Judge Yadvender Singh was hearing a case against Pawan Singh, Dheeraj Singh and Usha Devi on charges under IPC Sections 304B (dowry death) and 498A (cruelty by husband or relatives).

“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 said in his order dated June 9.

According to the prosecution, Chanchal allegedly committed suicide by hanging herself at her residence in Madipur on October 29, 2016. Her family alleged that she was harassed by her husband, brother-in-law and mother-in-law over demands for a motorcycle and dowry.

The court said the testimonies of the deceased’s father, mother and relative contained material contradictions, omissions and improvements, making them unreliable.

“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 said.

The judge noted that the prosecution failed to produce documentary proof regarding the exact date of marriage, making it impossible to conclusively establish that the death had occurred within seven years of marriage, a key ingredient for attracting the offence of dowry death.

The court also found that no call detail records were produced to substantiate claims that the deceased had regularly informed her parents about dowry-related harassment over telephone.

Also Read: Justice delayed in dowry death cases

Observing that no prior complaint had ever been lodged with police or any authority regarding alleged dowry demands and that no medical evidence of injuries caused by alleged beatings was produced, the court said the prosecution’s case suffered from serious gaps.

“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 said.

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

Holding that the essential ingredients of offences under Sections 304B and 498A IPC were not proved, the court acquitted all three accused.