New Delhi: Setting aside a verdict of the Bombay High Court, the Supreme Court has held that the demand for money by husband from in-laws for meeting domestic expenses would not come under the ambit of dowry warranting criminal prosecution.
"A demand for money on account of some financial stringency or for meeting some urgent domestic expenses or for purchasing manure cannot be termed as a demand for dowry," a bench comprising Justices G P Mathur and R V Raveendran said as quoted by PTI.
In an important ruling relating to dowry harassment cases, the Supreme Court bench has set aside the verdict of the Bombay High Court, which had affirmed the trial court sentencing a man to seven years rigorous imprisonment in a dowry death case.
While quashing the conviction, the Bench said the statement of the mother of the deceased recorded a day after her death did not state that the cause for ill- treatment was "a demand for money and a consequent beating".
"Accepting the statements of father and mother on their face value the utmost which can be held is that the husband had asked his wife to bring money for meeting domestic expenses and for purchasing manure," the Bench said.
"The evidence adduced by the prosecution does not show that any demand for "dowry" as defined in Section 2 of the Dowry Prohibition Act was made by the husband," the Bench held.
According to prosecution and victim's parents, she was continuously harassed for dowry and whenever she went to their house, she used to tell them about how her husband and mother-in-law were harassing her and how they used to occasionally beat her.
The court was also informed that the parents along with some relatives went to the house of their daughter and tried to persuade them not to ill treat her after which she was treated well for few months but later the harassment continued.
Appasaheb was convicted for the death of his wife Bhimabai, of village Sanjkheda, who had died after consuming poison within seven years of marriage.
A case was registered against the husband and his mother under sections 498A (cruelty against woman for dowry), 304-B (dowry death) read with 34 (common intention) and 306 (abetment of suicide) of the IPC.
Though the accused was acquitted by the trial court for the offence of cruelty and abetment, he and his mother were convicted on the charge of dowry death.
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