Case Note & Summary
The applicant, Caetaninho Julio Barreto, was married to Fatima Pereira on 20/09/2008. The marriage soon ran into difficulties, and the parties started living separately from 27/11/2008. While staying with her father, Fatima committed suicide by hanging on 06/04/2009. Based on a complaint by her father, an FIR was registered, and after investigation, a chargesheet was filed against the applicant under Sections 306, 304-B, and 498-A of the Indian Penal Code (IPC). The learned Additional Sessions Judge, Panaji, by order dated 01/12/2014, directed the framing of charges under all three sections. The applicant challenged this order, particularly the charge under Section 304-B IPC, before the High Court of Bombay at Goa. The High Court examined the material on record, including the complaint and the statements of witnesses. It noted that the deceased had made complaints about the applicant's behavior, including allegations of harassment and that the applicant had married her only for her money. However, the court found that there was no evidence to suggest any demand of dowry 'soon before' the death, which is an essential ingredient for the offence under Section 304-B IPC. The court observed that the presumption under Section 113-B of the Evidence Act could only be raised if the foundational facts of dowry demand soon before death were established. Since the prosecution failed to show any such demand, the charge under Section 304-B was quashed. However, the court found sufficient prima facie material to proceed under Sections 306 and 498-A IPC, as the deceased had complained of harassment and the marriage had broken down shortly after the wedding. The court upheld the framing of charges under these sections and directed the trial to proceed accordingly.
Headnote
A) Criminal Law - Dowry Death - Section 304-B IPC - Presumption under Section 113-B Evidence Act - The essential ingredient for an offence under Section 304-B IPC is that the deceased was subjected to cruelty or harassment 'soon before her death' in connection with demand for dowry. In the absence of any evidence of demand of dowry soon before the death, the charge under Section 304-B cannot be sustained. The court held that the presumption under Section 113-B of the Evidence Act can be raised only if the prosecution establishes the foundational facts, including the demand of dowry soon before death. (Paras 7-10) B) Criminal Law - Abetment of Suicide - Section 306 IPC - Cruelty - Section 498-A IPC - The court found that there was prima facie material to frame charges under Sections 306 and 498-A IPC, as the deceased had made complaints of harassment and the marriage broke down shortly after the wedding. The court upheld the framing of charges under these sections. (Paras 11-12)
Issue of Consideration
Whether the charge under Section 304-B of IPC could be framed against the applicant in the absence of any evidence of demand of dowry 'soon before' the death of the deceased.
Final Decision
The High Court quashed the charge under Section 304-B IPC but upheld the framing of charges under Sections 306 and 498-A IPC. The trial court was directed to proceed with the trial in accordance with law.
Law Points
- Dowry death
- Section 304-B IPC
- presumption under Section 113-B Evidence Act
- demand of dowry 'soon before death'
- abetment of suicide
- cruelty
- framing of charge
- prima facie case
