Case Note & Summary
The case pertains to an appeal by the State of Maharashtra against the acquittal of four respondents (Shaikh Ajij Shaikh Musa, Kamarunnisa, Shahnaz, and Raziya) by the Sessions Court for offences under Sections 304B and 498A of the Indian Penal Code (IPC) and Section 4 of the Dowry Prohibition Act, 1961. The deceased, Shaikh Rukhsana, was married to respondent No.1 (Shaikh Ajij) on 5th May 1991. She died on 18th July 1991 within three months of marriage due to burn injuries. The prosecution alleged that the deceased was subjected to cruelty and harassment for dowry, and that her death was a dowry death. The trial court acquitted all accused, holding that the prosecution failed to prove the demand of dowry and cruelty soon before death. The State appealed against the acquittal. Additionally, Abdul Rahman Shaikh Supdu, the father of the deceased, filed a revision application against the acquittal. The High Court, after examining the evidence, found that the prosecution witnesses, including the father and brother of the deceased, gave vague and inconsistent statements regarding the alleged demand of dowry and cruelty. There was no independent witness to support the allegations. The medical evidence indicated that the death was due to burns, but there was no evidence to show that the deceased was subjected to cruelty or harassment soon before her death. The court held that the presumption under Section 113B of the Indian Evidence Act, 1872 could not be invoked in the absence of such evidence. Consequently, the acquittal was upheld, and both the appeal and the revision application were dismissed.
Headnote
A) Criminal Law - Dowry Death - Section 304B IPC - Presumption under Section 113B Evidence Act - The prosecution must prove that the deceased was subjected to cruelty or harassment by the accused soon before her death in connection with demand of dowry. In the absence of such evidence, the presumption under Section 113B cannot be invoked. The court held that the mere fact of death within seven years of marriage is not sufficient to attract the presumption. (Paras 10-15) B) Criminal Law - Cruelty by Husband or Relatives - Section 498A IPC - Demand of Dowry - The prosecution failed to establish any specific demand of dowry or cruelty meted out to the deceased. The allegations were vague and unsupported by independent witnesses. The court held that the conviction under Section 498A IPC cannot be sustained without clear evidence of cruelty. (Paras 16-20) C) Evidence Act - Presumption as to Dowry Death - Section 113B - Conditions for Invocation - The presumption under Section 113B arises only when it is shown that soon before her death, the woman was subjected to cruelty or harassment for or in connection with demand of dowry. The court found that the evidence on record did not establish such cruelty or harassment, and therefore the presumption was not available. (Paras 10-15)
Issue of Consideration
Whether the presumption under Section 113B of the Indian Evidence Act, 1872 can be invoked in the absence of evidence of cruelty or harassment soon before the death of the deceased, and whether the accused can be convicted under Section 304B IPC without proof of demand of dowry.
Final Decision
The High Court dismissed the appeal and the revision application, upholding the acquittal of all respondents.
Law Points
- Dowry death
- Presumption under Section 113B of Evidence Act
- Cruelty soon before death
- Demand of dowry
- Section 304B IPC
- Section 498A IPC
