Dowry demands must be proven beyond doubt: Supreme Court warns against repeated Trial Court mistakes in dowry cases, Read Judgment

"Trial Courts are committing the same mistakes repeatedly. It is for the State Judicial Academies to step in."- SC

In a recent ruling, the Supreme Court scrutinized the evidentiary standards required for convictions under Sections 304-B and 498-A of the Indian Penal Code ( hereinafter referred to as IPC). The case revolved around allegations of dowry harassment and the tragic demise of the appellant’s wife. While the lower courts had relied on the testimonies of key prosecution witnesses to uphold the conviction, the Supreme Court took a closer look at the reliability of these statements and the legal requirements for establishing guilt.

The appellant and his parents were charged under Sections 304-B and 498-A read with Section 34 of the Indian Penal Code (IPC). While his parents were acquitted, the Sessions Court convicted the appellant under Sections 304-B and 498-A IPC. He was sentenced to seven years of rigorous imprisonment for Section 304-B and one year for Section 498-A, along with a fine of Rs. 500, with a default sentence of three months. The High Court upheld the conviction based on the testimonies of the deceased’s mother and brother.

The appellant’s counsel argued that the prosecution witnesses' allegations of dowry demand were mere omissions and lacked legal evidence. He contended that there was no proof that the appellant subjected the deceased to cruelty. Relying on Charan Singh alias Charanjit Singh v. State of Uttarakhand (2023), he asserted that there was no evidence of cruelty or harassment related to dowry demand soon before the deceased’s death. Therefore, he urged the court to acquit the appellant due to insufficient evidence.

Contentions of the Respondent:

The State’s counsel argued that the testimonies of PW-6 and PW-7 provided ample evidence of dowry demand. He highlighted that, days before the incident, the deceased informed PW-6 and PW-7 about the appellant’s demand for ₹60,000 to purchase a jeep. The appellant personally made this demand to the witnesses. The prosecution invoked the presumption under Section 113-B of the Indian Evidence Act, asserting that the court must presume the appellant was responsible for his wife’s dowry death.

The court analyzed Sections 498-A and 304-B IPC, emphasizing that "soon before her death, the woman must have been subjected to cruelty or harassment for, or in connection with, any demand for dowry." It held that for invoking Section 113-B of the Evidence Act, the prosecution must establish this essential ingredient.

The court found that the prosecution’s key witnesses, PW-6 and PW-7, had significant omissions in their statements, making their allegations unreliable. It noted, "the version of PW-6 in her statements recorded on 2nd April 1998 and 6th April 1998 regarding providing dowry and regarding demands of dowry are omissions."

Regarding PW-7, the court observed, "the version of PW-7 in his examination-in-chief about the demands of dowry is a significant and relevant omission," and his belated statement appeared to be "an afterthought."

The court concluded that "the prosecution did not prove the material ingredients of the offence punishable under Section 304-B," and "not a single incident of cruelty covered by Section 498-A was proved by the prosecution." It criticized the lower courts, stating, "Trial Courts are committing the same mistakes repeatedly. It is for the State Judicial Academies to step in." It remarked that the case seemed to be one of "moral conviction" rather than legal proof.

The court held that both offences alleged against the appellant were not proven by the prosecution beyond a reasonable doubt. Consequently, the impugned judgments dated 9th November 2010 and 24th January 2002 were quashed and set aside, and the appellant was acquitted of all charges. Since the appellant had been enlarged on bail during the appeal, his bail bonds were canceled. The appeal was accordingly allowed.

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