Two acquitted in case over dowry demand

A case was registered against two persons, based on a complaint moved by a woman, wife of one of them. The case was registered under section 498A (husband or relative of husband of a woman subjecting her cruelty) and Section 496 (punishment for criminal breach of trust) of the Indian penal code.

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Acquittal in Dowry Case Chandigarh Panchkula Mohali
Acquittal in Dowry Case Chandigarh Panchkula Mohali

FACTS:

  1. She was married with the first accused Sunil Kumar, in 2004 as per the hindu religious rites and ceremonies.
  2. At the time of marriage, her brother had given sufficient dowry, including gold and silver jewellery worth Rs 7 lakh and Rs 5 lakh in cash.
  3. The family of the accused i.e. Sunil Kumar (husband) were not satisfied with the dowry, and they would taunt and humiliate her for bringing less dowry.
  4. Accused Sunil Kumar in the year 2012, demanded a motorcycle and Rs 1 lakh in cash.
  5. When the wife showed her inability to fulfil their illegal demands, she was beaten mercilessly and thrown out from the matrimonial home and the baby girl was also taken away from her.
  6. Then, the wife started residing in her matrimonial home, but with the intervention of her well-wishers, she was again sent to her matrimonial home, but her in-laws did not stop harassing her.

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Issue:

The counsel for the defence Sandeep Gandhi stated that the prosecution has miserably failed to prove the guilt of the accused beyond a shadow of doubt, as in the entire prosecution evidence, there is nothing on record to prove that the accused persons ever demanded dowry from the complainant. Complainant also failed to prove on record giving of dowry articles as alleged by her. Therefor the accused persons were acquitted.

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Section 496 in The Indian Penal Code

  1. Marriage ceremony fraudulently gone through without lawful marriage.—Whoever, dishonestly or with a fraudulent intention, goes through the ceremony of being married, knowing that he is not thereby lawfully married, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

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Section 498A in The Indian Penal Code

[498A. Husband or relative of husband of a woman subjecting her to cruelty.—Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be pun­ished with imprisonment for a term which may extend to three years and shall also be liable to fine. Explanation. —For the purpose of this section, “cruelty” means—

(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or

(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.]

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Rest for case specific advice related matters of Dowry, 498A, one may connect with matrimonial expert lawyer advocate in Chandigarh Panchkula Mohali Kharar Derabassi Zirakpur.

More info on 99888-17966.