HYDERABAD: The Telangana High Court has set aside a 2016 trial court judgment that convicted and sentenced five members of a family to life imprisonment in a dowry death case, acquitting all the accused. A division bench held that the prosecution failed to establish the mandatory ingredients of Section 304-B of the Indian Penal Code beyond reasonable doubt.
The Bench reiterated that allegations of cruelty or harassment by themselves are not sufficient to attract the offence of dowry death unless it is proved that, “soon before her death”, the woman was subjected to harassment specifically linked to a dowry demand, with a clear and proximate connection to her death.
The case related to the death of Laxmi, who was found hanging on August 22, 2011, about 15 months after her marriage. The prosecution claimed that she was harassed over an additional dowry demand of `2 lakh. However, the court noted material inconsistencies and later improvements in the testimonies of family members when compared with their earlier statements to the police. It also highlighted the absence of independent witnesses to corroborate the alleged dowry demand.
The victim’s father admitted during evidence that no prior complaint had been lodged alleging harassment.
High Court allowed the appeals and acquitted all accused.