Delhi district court-Three acquitted in dowry death case. Suicide due to Illicit relationship given color of dowry demand and death by Girl’ family

Three acquitted in dowry death case

New Delhi, Nov 14 (PTI) A Delhi court has acquitted a man and his parents of the charges of causing death of the former''s wife for dowry, noting that the accused were financially well-off to raise such demands.
Additional Sessions Judge Kamini Lau absolved Pankaj Raj, his father Surender Kumar and mother Kamlesh of the charges under Section 304 B (dowry death) and 498 A (cruelty) of the IPC.
The court took into account a number of facts like Raj''s earnings, the gifts he had given to his wife Ritu, the places he took her to on their honeymoon, besides the financial condition of Kumar and the victim.
It said that Ritu was maintaining an independent bank account and had even paid Rs 40,000 to her brother for buying a motorbike after her marriage with Raj on December 9, 2005 to conclude that she herself was capable of taking care of her financial requirements.
The court further said the demands for articles like TV and AC do not appear "plausible" as Raj was the only son of his parents and his sister was settled in the USA as professor at Harvard University.
It also said that besides the mother and brother of the deceased, no one else from her family including the father was cited as witness by the prosecution to prove their charges.
"It is clear from the evidence of the witnesses that the deceased has committed suicide but it cannot be related to any dowry-related harassment by the accused as apparently there is no proximity or link between her death and the alleged misconduct by the accused persons," the court said.
During the trial, the accused tried to point out to the court that the victim could not reconcile with her marriage as she got attached with a boy with whom she was earlier engaged and was even in touch with before committing suicide on April 10, 2006 at her matrimonial home in Janak Puri here within five months of her marriage.
"The prosecution story does not inspire confidence and is not worthy of credence, especially in view of the glaring contradictions and overwhelming inconsistencies in the statements of witnesses," the court said, acquitting the accused.

http://news.in.msn.com/national/article.aspx?cp-documentid=4576032

'Pregnant woman can't be forced to appear in court' – Delhi district court

JUDGMENT TEXT AWAITED

 

'Pregnant woman can't be forced to appear in court'

NEW DELHI: A woman who is at an advanced stage of pregnancy cannot be forced to appear in a court, a Delhi court has said.
It came to the help of an expectant mother against whom a non-bailable warrant was issued by a lower court for not appearing in a dowry harassment case.

Additional Sessions Judge R K Gauba expressed the court's displeasure over the lower court judge not exempting the six-month pregnant woman from personally appearing in criminal proceedings.

 
The court also took exception to the lower court putting a condition as -- either accept the charge or appear before it -- on the lawyer representing the woman seeking exemption from appearance.

"The law does not permit the court to put conditions of the kind indicated in the order. The requirement of the law for appearance of the accused is subject to just exceptions which include physical impossibility," ASJ Gauba said.

"This requirement (of appearance) cannot be used to arm-twist the accused or her counsel to accept the charge. I find the language used to be rather loose," the court said.

Granting relief to 25-year-old Meenakshi, who is facing charges in a dowry case, the ASJ set aside the lower court's order and exempted her from personal appearance in the case.

During the proceedings in the lower court, the woman sought its permission for non-appearance as she was at the advanced stage of pregnancy.

But the lower court issued non-bailable warrant against her. She filed a revision petition before the sessions court challenging the order to issue NBW against her.

"If it was confirmed by proper documents in support, as has been done through the documents in the revision petition indicating the petitioner to be under ante-natal care since January 13 this year, the exemption deserved to be granted," the court said.

 http://timesofindia.indiatimes.com/india/Pregnant-woman-cant-be-forced-to-appear-in-court/articleshow/6539499.cms#ixzz0zJPZFyVQ

No indulgence to wives for transfer of criminal cases against husbands: SC

 

JUDGMENT AWAITED

 

No indulgence to wives for transfer of criminal cases against husbands: SC

Dhananjay Mahapatra, TNN, Sep 8, 2010,

NEW DELHI: The Supreme Court has been very lenient in entertaining pleas of estranged wives for transfer of matrimonial cases to courts close to their place of stay. But in a recent order, it put its foot down saying the concession would not be given to wives for shifting of trial of dowry harassment cases filed by them under Section 498A of Indian Penal Code against husbands and their relatives.

This assumes significance in the wake of last month's judgment of the apex court firmly telling the government to have a relook at Section 498A saying it was being misused by women to lodge false or exaggerated complaints against husbands and their relatives accusing them of cruel behaviour.

In the case at hand, a woman had sought transfer of the criminal case under Section 498A lodged by her against her husband and his relatives from Hyderabad to Indore, where she had moved after leaving the matrimonial home.

Faulting her for not impleading other accused except her husband, a Bench comprising Justices Aftab Alam and R M Lodha said it was not inclined to transfer a criminal case from one state to another solely on the ground that it would be more convenient for the wife to pursue the matter.

"It is true that in cases of dissolution of marriage, restitution of conjugal rights or maintenance, the Supreme Court shows much indulgence to the wife and ordinarily transfers the case to a place where it would be more convenient to the wife to prosecute the proceedings," the Bench said.

"But a criminal case is on a somewhat different footing. The accused may not be able to attend the court proceedings at Indore for many reasons, one of which may be financial constraints, but the consequences of non-appearance of the accused before the Indore court would be quite drastic," it said.

"Having regard to the consequences of non-appearance of the accused in a criminal trial, we are loath to entertain the petitioner's prayer for transfer. In a criminal proceeding, the right of the accused to a fair trial and a proper opportunity to defend himself cannot be ignored for the convenience of the complainant simply because she happens to be the estranged wife," the Bench said dismissing the transfer petition.

dhananjay.mahapatra@timesgroup.com

http://timesofindia.indiatimes.com/india/No-indulgence-to-wives-for-transfer-of-criminal-cases-against-husbands-SC/articleshow/6514221.cms#ixzz0yvZjlFqf

Justice Dhingra slams Delhi Police for filing dowry cases without proper probe – abuse of police power with misuse of 498a

AWAITING FULL TEXT OF ORDER

Bail for man in dowry death case

PTI

New Delhi, Aug 6 (PTI) The Delhi High court today granted anticipatory bail to a man who is apprehending arrest in a dowry death case registered against him following the death of his sister-in-law in June this year. The court said the Delhi Police should carry out a thorough probe before registering an FIR against the family members of a husband in a dowry harassment/death case lodged by the wife.

While granting anticiaptory bail to Jaipal in a case lodged by the father of his sister-in-law, who committed suicide in June, Justice Shiv Narayan Dhingra said that before registering an FIR, police must investigate in detail the allegations levelled against a person. Justice Dhingra said it has been noticed that innocent family members of the husband also sometimes suffered following a complaint of dowry harassment/death and granted anticipatory bail to one Jaipal, a resident of Patel Nagar.

The police should not harass the family members and investigate thoroughly before arresting the accused persons in any dowry case, the court added. While submitting his bail plea before the court, Jaipal contended that he did not demand anything either from the deceased or from any other member of her family. "There is absolutely no allegation in the entire prosecution story that the petitioner was involved in committing any act which can be covered under the four corners of the sections 498-A/304-B IPC", submitted Jaipal's counsel Amit Sahani.

As per the prosecution, on June 26 a complaint was lodged by Ramesh Chand alleging that besides his son-in-law Mahadev, the brother-in-law and sister-in-law of his daughter Geeta used to physically harass her which drove her to comit suicide. In his complaint, Ramesh Chand had mentioned that during marriage, the father-in-law demanded a car which they could not give. After two months of the marriage, her husband Mahadev started beating her. Jaipal also used to harass his daughter to bring more dowry and finally on June 26, she committed suicide, he alleged.

http://ibnlive.in.com/generalnewsfeed/news/bail-for-man-in-dowry-death-case/210955.html

___________________________

also @

Delhi Police rapped for filing dowry cases without proper probe

Posted On: 06-Aug-2010 08:50:45 PM Source: IANS

A day after the Supreme Court held that a person cannot be convicted for merely demanding dowry, the Delhi High Court Friday pulled up the Delhi Police for registering a case of dowry against a person without carrying out a proper probe.

While granting bail to a person arrested under the dowry act, Justice S.N. Dhingra observed that before registering an FIR, the police must investigate the allegations levelled against a person in a detailed manner.

As per the prosecution, the complainant in the case, Ramesh Chand had alleged his daughter Geeta's brother-in-law, Jaipal and sister-in-law used to physically harass her. Geeta had married Mahadev Feb 16.

In his complaint, Ramesh Chand mentioned that during marriage, his daughter's father-in-law demanded a car which they could not give. After two months of the marriage, Mahadev started beating her. Also according to prosecution, Geeta's brother-in-law also harassed her, asking her to bring more dowry. Geeta committed suicide June 26.

While submitting his bail plea before the court, Jaipal contended that he did not demand anything either from Geeta or from any other member of her family.

'He was not involved in any act pertaining to the cruelty for any demand of dowry. There is absolutely no allegation in the entire prosecution story that the petitioner was involved in committing any act which can be covered under the four corners of the sections 498-A (Husband or relative of husband of a woman subjecting her to cruelty) and 304-B (dowry death) of IPC (Indian Penal Code),' submitted Amit Sahney, his counsel.

He also said that the police registered a case against him only on the allegations of Ramesh Chand. 'Police could not find anything incriminating against him. The entire story of the prosecution is based on surmises and conjectures and there is absolutely nothing on record against him,' he submitted.

http://sify.com/news/delhi-police-rapped-for-filing-dowry-cases-without-proper-probe-news-national-kigvadcjjjh.html