Today 10th April, The Supreme Court ruled that testimonies from relatives of dowry death victims must be given weight in legal proceedings. This decision emphasizes the importance of considering family members’ accounts, even if they are initially reluctant witnesses. The ruling seeks to ensure fair justice and accountability in cases of dowry-related deaths, a critical issue in many societies. This decision sets a precedent for prioritizing victim testimony and addressing societal concerns regarding dowry deaths.
New Delhi: Recently, the Supreme Court ruled that testimonies from family members of the deceased in dowry death cases cannot be dismissed as biased witnesses. Justices Dipankar Datta and SVN Bhatti emphasized that a woman experiencing dowry-related harassment is likely to confide in her close relatives.
The bench noted,
“Dismissing their testimonies would remove credible witnesses essential for ensuring accountability of the culprits.”
The Court observed,
“A woman experiencing harassment and cruelty due to her or her family’s inability to meet dowry demands would typically confide in her close family members. If we discard the testimonies of family members in dowry death cases because they are considered interested witnesses, we question who else could be relied upon as a trustworthy witness to hold the culprit accountable.”
These observations made while sending a case back to the trial court for a new decision regarding the potential conviction of the husband in his late wife’s dowry death.
In 2004, a trial court acquitted the husband and his family members who charged with murder, cruelty, causing dowry death, and tampering with evidence.
The Karnataka High Court upheld this decision in 2010 but convicted the husband for cruelty/domestic violence against his wife, prompting the State to appeal to the Supreme Court.
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The Supreme Court determined that all the necessary elements for charging the accused with dowry death present.
The Court remarked,
“An exercise seems to have been undertaken without due consideration to implicate the respondents under Section 302 [murder], IPC, disregarding the contents of the police report under Section 173(2), Cr. PC, which indicated a possible suicidal death.”
However, it reasoned that the husband is entitled to a fair trial with proper due process to counter the presumption of guilt in the case. As a result, the appeal granted, and the trial court instructed to proceed with the case in accordance with the law, arriving at a new decision regarding the accused husband.
The husband granted interim protection from arrest until June 3, when he require to appear before the sessions court for bail conditions.
The High Court’s sentence against him, specifically the time already served in incarceration, was suspended pending the outcome of the new trial.
Representing the State of Karnataka, Advocate DL Chidananda, while Senior Advocate Shailesh Madiyal, along with a team of advocates, appeared for the accused husband and the deceased’s in-laws.
Read Order