Satya Prakash
New Delhi, August 19
Describing the offence of dowry death as an “offence against society”, the Supreme Court has said the perpetrators must be dealt with an iron hand.
“A strong message must go in the society that a person who commits such an offence of dowry death and/or the offences under the Dowry Prohibition Act shall be dealt with an iron hand,” a Bench led by Justice MR Shah said.
The Bench — which also included Justice BV Nagarathna ndash; upheld the 10-year rigorous imprisonment awarded to Ajhola Devi and her husband ndash; father-in-law and mother-in-law of the deceased woman ndash; by the trial court and confirmed by the Jharkhand High Court for dowry death of their daughter-in-law.
“Therefore, in the facts and circumstances of the case, imposing 10 years R.I. only cannot be said to be disproportionate to the offence committed. Therefore, no interference of this Court is called for so far as the imposition of sentence of 10 years R.I. is concerned,” the top court said, dismissing the appeal filed by the convicted couple.
“The legislative intent of incorporating Section 304shy;B was to curb the menace of dowry death with a firm hand. In dealing with cases under Section 304shy;B, such legislative intent has to be kept in mind. The offence under Section 304shy;B ndash; offence of dowry death is the offence against society. Such offences have a serious impact upon society. Keeping in mind the aforesaid aspects, imposition of sentence for the offence of dowry death is required to be considered,” the Bench noted in its August 10 order.
“The demand for dowry has been established and proved by the prosecution. The deceased died within a period of one year of her marriage. The accused came out with a false case/theory that the deceased died because of Diarrhoea, which has not been established and proved by the defence,” it said.
