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IN THE HIGH COURT OF DELHI AT NEW DELHI
NEENA BANSAL KRISHNA
Gainda Lal, S/o Sh. Lekhraj – Appellant
Versus
State Govt Of NCT Of Delhi – Respondent
| Table of Content |
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| 1. summary of the deceased's background and initial complaints. (Para 1 , 2 , 3) |
JUDGMENT :
1. Petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “ Cr.P.C.”) read with Article 227 Constitution of India has been filed against the impugned Order dated 03.04.2017 vide which the learned District and Sessions Judge has upheld the Order of the learned M.M. dated 27.06.2016 discharging the Respondents No. 3 to 5 in the Charge-sheet filed in FIR No. 199/2014 under Sections 498A/304B/34 of the Indian Penal Code, 1860 (hereinafter referred to as “ IPC ”) at P.S.Sangam Vihar, New Delhi.
3. It is submitted that he is an Auto Rickshaw driver. His daughter, Ms. Shashi got married to Respondent No. 3/Sh. Bhagwan Swaroop, son of Respondent No. 4/Sh. Rishi Pal, on 05.12.2010 as per Hindu rites and customs. He spent about Rs.4 Lacs, which was beyond his financial means and resources. He arranged the money from his friends, relatives and family members.
5. The Petitioner submitted that Ms. Shashi was blessed with two daughters; one was 2.5 years old and the other was 40 days old at the time of her demise. It was further stated that after marriag
The absence of specific allegations of dowry-related harassment leads to dismissal of charges under IPC Sections 498A and 304B.
Conviction under Section 498-A IPC cannot stand on hearsay evidence alone; direct proof of sustained cruelty or harassment is essential.
The absence of proximate evidence of harassment for dowry before the death of the deceased invalidated a conviction under Section 304B IPC.
The conviction under Sections 304B and 498A of the IPC was quashed due to insufficient evidence of dowry demand or cruelty, emphasizing the necessity of credible evidence for such serious charges.
The prosecution must prove all essential elements of dowry death and cruelty beyond a reasonable doubt; failure to do so results in acquittal.
(1) Cruelty – Term “cruelty” cannot be established without specific instances – Mere general allegations of harassment without pointing out specifics against such persons would not be sufficient to c....
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