A Thane court has acquitted a man and two of his family members of charges of dowry death and cruelty to wife, citing a delay in filing of the complaint.
Last week, District Judge S.A. Sinha freed Balu Gaikwad (38), his mother Shobha Gaikwad (50) and sister Vanita Gaikwad, saying the prosecution’s explanation about the delay in lodging the complaint was not acceptable.
The prosecution told the court that the victim, Surekha Gaikwad, married Mr. Gaikwad on April 26, 2012, and started living with her in-laws at their house in Kalwa in Thane. The in-laws allegedly demanded ₹2 lakh from her to buy a house. When her family could not pay the money, the in-laws harassed and tortured her, the prosecution said.
On September 2, 2014, Mr. Gaikwad told his mother-in-law that his wife suffered burns the previous night and was admitted to a hospital. However, the victim’s mother did not visit the hospital to enquire about her condition. Later, on September 8, 2014, he informed his mother-in-law that his wife died at the hospital while undergoing treatment.
According to the prosecution, the victim’s mother, who resided at a village in Buldhana district, did not have enough money to rush to Thane. When she finally reached the hospital on September 10, she noticed burn injuries on her daughter’s hands, chest and stomach.
She then lodged a police complaint alleging that her daughter committed suicide because her in-laws repeatedly harassed her for dowry, the prosecution told the court. The police later booked the three accused under Sections 498A (husband or his relative subjecting woman to cruelty), 304B (dowry death) and 306 (abetment of suicide) of the Indian Penal Code.
The judge observed that the evidence cited by the victim’s mother was not sufficient to hold the accused guilty of dowry death and harassment. She said the victim’s dying declaration also mentioned it as a case of accidental death.
‘Prosecution failed’
The judge noted that even after the victim’s husband informed the complainant about the incident, she did not come to meet her daughter. She approached the police only after the victim’s death, which means there was a delay of around 10 days in filing the complaint. The judge said the allegations of the prosecution witness was that the dowry demand was made three months before the incident. So, it was necessary for her to have rushed to the hospital and filed a complaint against the accused. The judge said, “But, unfortunately it did not happen. Therefore, the prosecution’s explanation about delay in lodging the complaint is not acceptable and the delay affected the prosecution’s case and created suspicion.”
The prosecution failed to prove the charges against the accused, the judge said while acquitting them.
