Court convicts husband in dowry harassment case

Man acquitted of charge of abetment to suicide

January 03, 2019 01:33 am | Updated 08:12 am IST - New Delhi

A Delhi court has convicted a man for harassing his wife for dowry. However, it has acquitted him of the charge of abetting her to commit suicide.

‘Parents also liable’

“It is clear that deceased was physically and mentally tortured daily. The deceased was married with the accused at a tender age [without her consent, one of her letter says]. She wanted love from her husband but it seems that her husband was loving her for physical relations only. If she has committed suicide, then not only her husband but her parents are also liable for the same, and even then the parents are contesting the case because they have the custody of children and also they have filed suit for partition of the properties left behind by the deceased. Neither her in-laws nor her parents could understand her feelings which must have been conveyed by her to her parents,” the court observed.

“Parents have alleged that deceased used to tell them about harassment and torture and also about demand of dowry. Even if the evidence of deceased’s son, father of the victim, victim’s mother, brother of the victim and her cousin sister is treated as hearsay and also that victim’s son has deposed against the accused under the influence of his nana and nani , the letters written [by the victim] from time to time are telling the story of the deceased as to how she was treated by the accused persons and why she committed suicide,” the court stated.

“In view of above, from the letters and evidence of witnesses, prosecution has been able to bring the case under Section 498A IPC [Part I] against the accused and has proved the same beyond reasonable doubt. Accordingly, accused is held guilty and convicted for the same,” Additional Sessions Judge Virender Kumar Goyal said, while holding accused Madhur Malhotra guilty.

However, the judge acquitted him of the charge of driving his wife to commit suicide.

“Prosecution has not been able to produce on record any evidence to the extend that the accused was having any mense rea and further he instigated the deceased, in any manner, to commit suicide. Accordingly, prosecution has failed to prove offence under Section 306 IPC against the accused, for which accused is acquitted,” the Judge said.

The Kirti Nagar police had registered the case on a complaint by the victim’s father, alleging that the accused had started harassing her daughter for dowry from the day of the marriage.

The couple had got married in 1998.

Suicide prevention helpline: Sanjivini, Society for Mental Health, Telephone: 011-4076 9002, Monday-Saturday, 10 a.m. - 7.30 p.m.

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