Judgment

A.P. Misra, J.-For more than a century, inspite of tall words of respect for women, there has been an onslaught on their liberties through ‘bride burning’ and ‘dowry deaths’. This has caused anxiety to the legislators, judiciary and law enforcing agencies, who have at­tempted to resurrect them from this social choke. There have been series of legislations in this regard, without much effect. This led to the passing of Dowry Prohibition Act in 1961. Inspite of this, large number of ‘bridges burning’ and dowry deaths continued. To meet this, stringent measures were brought in the Indian Penal Code and the Evidence Act through amendments. It seems, sections of society are still boldly pursuing this chronic action to fulfil their greedy desires. Inspite of stringent legislations, such persons are still indulging in these unlawful activities, not because of any shortcom­ings in law but under the protective principle of criminal jurispru­dence of benefit of doubt. Often, innocent persons are also trapped or brought in with ulterior motives. This places are arduous duty on the Court to separate such individuals from the offenders. Hence the Courts have to deal such cases with circ