Dowry Harassment and Suicide Case: Supreme Court Acquits Husband Under Section 498A IPC
The Supreme Court of India, in its judgment dated July 18, 2019, delivered a crucial verdict in the case of Wasim v. State NCT of Delhi. This case revolved around allegations of dowry harassment and the subsequent suicide of the appellant’s wife, Moniya. The trial court had convicted the appellant under Sections 498A and 306 of the Indian Penal Code (IPC). However, upon appeal, the High Court acquitted him under Section 306 IPC but upheld the conviction under Section 498A IPC. The matter then reached the Supreme Court, where the conviction under Section 498A IPC was also set aside.
Background of the Case
The case began on October 27, 2015, when Sub-Inspector Bijender Dahia (PW-23) of Aman Vihar Police Station received information about the suicide of Moniya. Upon reaching Nithari village, Delhi, he found that Moniya’s body had already been removed from the hanging position. Her brother Ashwani (PW-12) was present at the scene, along with the appellant’s elder brother. A suicide note was seized, and the body was sent for post-mortem examination. The autopsy confirmed that the cause of death was asphyxia due to ante-mortem hanging.
On November 4, 2015, Moniya’s mother, Sunita (PW-11), filed a complaint, leading to the registration of an FIR. The police filed a charge sheet against the appellant under Sections 498A and 304B IPC. The prosecution examined 23 witnesses and presented multiple documents to substantiate its claims.
Prosecution’s Case
The prosecution alleged that Moniya was harassed by her husband for dowry. PW-11 Sunita testified that Moniya had informed her about demands for money and a bigger car. She claimed to have given Rs. 40,000 and Rs. 50,000 to Moniya for her husband. Additionally, she stated that the appellant had an extramarital relationship with a woman named Poonam and intended to marry her after leaving Moniya.
PW-12 Ashwani, Moniya’s brother, initially did not mention any dowry demand in his statement recorded on the day of the incident. He merely stated that Moniya was depressed due to her husband’s behavior. Similarly, PW-10 Sukhbir, Moniya’s father, did not allege any dowry demand.
Suicide Note
The suicide note, which was seized from the scene, did not mention any dowry harassment. Instead, Moniya expressed emotional distress, stating:
“Relations have come heavy on dreams. I love my father and brother a lot. Today, they have tears in their eyes. I have broken from inside. I love my profession and education. I want to live my life with Master Ji. He also manipulated me. I do not have any complaint against anyone.”
Trial Court’s Verdict
The trial court ruled that there was no substantial evidence to prove dowry demands. However, it found that the appellant had subjected Moniya to mental cruelty due to his extramarital relationship. The court convicted him under Section 498A IPC for mental cruelty and, relying on precedents, also convicted him under Section 306 IPC for abetting suicide.
The trial court sentenced the appellant to three years of simple imprisonment under Section 498A IPC and four years under Section 306 IPC.
High Court’s Decision
Upon appeal, the High Court focused on whether a conviction under Section 306 IPC could stand without a formal charge under that section. It ruled that a conviction under Section 306 IPC is permissible even if the charge framed was under Section 304B IPC, provided it does not cause a failure of justice.
However, the High Court found no evidence to prove that the appellant had abetted Moniya’s suicide. Consequently, he was acquitted under Section 306 IPC. At the same time, the High Court upheld the conviction under Section 498A IPC, citing evidence of dowry demands.
Supreme Court’s Observations
The Supreme Court examined whether the High Court was justified in convicting the appellant under Section 498A IPC. The key arguments and findings were as follows:
- Mens Rea for Abetment: The Supreme Court reiterated that conviction under Section 306 IPC requires clear intent and an active act leading to suicide. Since the High Court had acquitted the appellant under Section 306 IPC, it was contradictory to convict him under Section 498A IPC for abetment.
- Absence of Dowry Demand: The trial court had ruled that there was no evidence of dowry demand. Despite this, the High Court upheld the conviction under Section 498A IPC without addressing this contradiction.
- Interpretation of Section 498A IPC: Section 498A IPC defines cruelty as:
- Wilful conduct likely to drive a woman to commit suicide or cause grave injury.
- Harassment for dowry demands.
Since the High Court had found no evidence of dowry demand, its decision to uphold the conviction under Section 498A IPC was inconsistent.
- Suicide Note and Witness Testimonies: The suicide note did not indicate harassment or dowry demands. Witnesses, including Moniya’s father and brother, did not initially allege dowry harassment.
Supreme Court’s Verdict
Based on the above observations, the Supreme Court concluded that the High Court’s decision lacked a proper discussion of the evidence. It ruled that the conviction under Section 498A IPC could not be sustained and set aside the High Court’s judgment.
The Supreme Court stated:
“For the aforementioned reasons, the judgment of the High Court is set aside. The appeal is allowed.”
Conclusion
This case highlights the necessity of thorough judicial analysis when dealing with allegations of dowry harassment and abetment of suicide. The Supreme Court emphasized the importance of ensuring that convictions are based on clear and consistent evidence. By setting aside the appellant’s conviction under Section 498A IPC, the Court reinforced the principle that mere allegations without substantial proof cannot be the basis for criminal liability.
Petitioner Name: Wasim.Respondent Name: State NCT of Delhi.Judgment By: Justice L. Nageswara Rao, Justice Hemant Gupta.Place Of Incident: Delhi.Judgment Date: 18-07-2019.
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