Mere crying can’t make out dowry case, rules Delhi HC

The Delhi High Court has held that mere fact that a woman was crying, cannot per se make out any case of dowry harassment.

Justice Neena Bansal Krishna made the observation while dismissing a petition against the discharge of a husband and his family from charges of cruelty and dowry harassment.

According to the prosecution, the woman, married in December 2010, faced harassment and dowry demands from her husband and in-laws. Her family claimed that they spent around Rs 4 lakh on the wedding, while the woman’s spouse and in-laws later demanded a motorcycle, cash and a gold bracelet.

A mother of two daughters, the woman died on March 31, 2014.

“Statement of the sister of the deceased was recorded under Section 161 of the CrPC, wherein she said that on Holi, she had called her sister and found her crying. However, merely because the deceased was crying, cannot per se make out any case of dowry harassment,” said the HC.

The trial court had discharged the accused noting that the death took place due to pneumonia, a natural cause. The High Court also emphasised that the post-mortem report attributed death to pneumonia, not cruelty.

“In the present case, to bring in the clause of cruelty leading to the death of the woman, it may be noted that the deceased had died not because of any act of cruelty but for natural reasons... Therefore, Clause (a) to the Explanation annexed to IPC Section 498-A is not attracted,” the court said.

It also observed that the father of the woman neither mentioned specific incidents nor did he provide proof of giving money to the accused. “Such assertions, in the given situation, cannot be held to be even making out a prima facie case of harassment,” the judge added.