Summary
The High Court’s reversal of acquittal for dowry death was set aside. Material contradictions, proved earlier statements and contemporaneous family letters undermined the alleged dowry-related harassment. Death by burning within seven years of marriage alone did not trigger the statutory presumption without reliable proof of dowry cruelty soon before death. Alleged sexual harassment could not substitute for that essential connection. The trial court’s acquittal was a possible view on the evidence.
Issues
- Whether reliable evidence established dowry-related cruelty soon before death so as to invoke the statutory presumption.
- Whether the High Court properly reversed the trial acquittal.
Provisions considered
- Section 304-B, Indian Penal Code, 1860Required proof of cruelty or harassment for or in connection with a dowry demand soon before an unnatural death within seven years of marriage; that essential foundation failed. (¶¶ 31, 33–35, 51–55)
- Section 113-B, Indian Evidence Act, 1872The rebuttable mandatory presumption depended on proof of the specified dowry-related cruelty soon before death and could not arise from the death circumstances alone. (¶¶ 32–35, 54)
Held
- An appellate court can reappraise evidence in an acquittal appeal but cannot substitute another plausible view for a possible trial-court view; the acquittal here did not warrant interference. (¶¶ 27–30, 48, 54–55)
- The High Court inadequately assessed proved prior statements contradicting the witnesses and letters admitted by the deceased’s father which did not support the alleged dowry complaints. Examination-in-chief had to be considered with cross-examination and the evidence as a whole. (¶ 37–50)
- Allegations that the father-in-law made drunken sexual demands did not establish the dowry connection required by section 304-B. The separate abetment-of-suicide charge had already resulted in acquittal in both courts. (¶ 51–54)
Result
Appeals allowed; High Court convictions under section 304-B read with section 34 set aside and trial acquittal restored. Appellants already on bail need not surrender; bail bonds discharged.