Case Note & Summary
The State of Maharashtra appealed against the acquittal of Rajesh Gaikwad and four others (respondents) by the Judicial Magistrate, First Class, Aurangabad in R.C.C. No. 770 of 1998 decided on 20.09.1999. The respondents were charged with offences under Sections 304-B, 498-A of the Indian Penal Code and Sections 3, 4, 6 of the Dowry Prohibition Act, 1961, relating to the dowry death of Surekha Gaikwad, who died within seven years of marriage. The prosecution alleged that the respondents demanded a motorcycle and cash as dowry and subjected Surekha to cruelty, leading to her death. The trial court acquitted the respondents, finding the evidence insufficient. The High Court, in appeal, examined the evidence including the testimony of the complainant (Surekha's mother) and other witnesses. The court noted inconsistencies and lack of corroboration regarding the demand of dowry and cruelty. The court held that the prosecution failed to establish the foundational facts necessary to invoke the presumption under Section 113-B of the Evidence Act. The court found no perversity in the trial court's reasoning and upheld the acquittal, dismissing the appeal.
Headnote
A) Criminal Law - Dowry Death - Section 304-B IPC - Presumption under Section 113-B Evidence Act - The prosecution must first establish that the death occurred within seven years of marriage and that there was cruelty or harassment for dowry soon before death. In the absence of such foundational facts, the presumption cannot be invoked. The trial court's acquittal was upheld as the evidence did not prove demand of dowry or cruelty. (Paras 1-10) B) Criminal Law - Cruelty by Husband or Relatives - Section 498-A IPC - Allegations of cruelty must be proved by cogent evidence. The testimony of the complainant and witnesses was inconsistent and lacked corroboration. The court found no material to show that the deceased was subjected to cruelty for dowry. (Paras 5-9) C) Dowry Prohibition Act - Sections 3, 4, 6 - Demand of Dowry - The prosecution failed to prove any demand of dowry or that any dowry was given or taken. The acquittal was confirmed as the ingredients of the offences were not made out. (Paras 5-10)
Issue of Consideration
Whether the acquittal of the respondents for offences under Sections 304-B, 498-A IPC and Sections 3, 4, 6 of Dowry Prohibition Act, 1961 is sustainable in law.
Final Decision
The High Court dismissed the appeal and upheld the acquittal of the respondents.
Law Points
- Presumption under Section 113-B of Evidence Act is rebuttable
- Burden of proof on prosecution to establish foundational facts
- Acquittal not to be interfered with unless perverse
