Trial courts repeatedly making same mistakes in dowry death cases: SC
Supreme Court on Friday acquitted a man convicted of cruelty and causing dowry death of his wife and said trial courts were repeatedly making the same mistakes in the such cases. A bench of Justices Abhay S Oka and Ujjal Bhuyan said the case was void of the «essential ingredient» as none of the statements of the witnesses contained any specific instances of cruelty or harassment.
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«This court has repeatedly laid down and explained the ingredients of the offence under Section 304B. But, the trial courts are committing the same mistakes repeatedly. It is for the state judicial academies to step in. Perhaps this is a case of moral conviction,» it said.
The top court said at the time of her deposition on the dowry demand, the victim's mother did not attribute any particular act of cruelty or harassment to the husband.
«This is an essential ingredient of Section 304-B. It is not made out from the evidence..,» the bench said.
The apex court said both the offences alleged against the appellant were not proved by the prosecution beyond reasonable doubt.
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