New Delhi, Nov 4 A Delhi court has acquitted a man, his parents and another relative of charges of dowry death and abetment of suicide in connection with the death of a 20-year-old woman.
It said the prosecution failed to establish that the woman was subjected to dowry-related cruelty soon before her death or that the accused instigated her to take her own life, and to prove the essential ingredients of offences under IPC Sections 304B and 306 beyond reasonable doubt.
Principal District and Sessions Judge, Hemani Malhotra, was hearing a case against the woman's husband, Arshad Malik; his father, Islamuddin; his mother, Firdos; and a relative, Ayyub Malik.
In the October 31 order, the court said, "The prosecution failed to establish any mens rea or active or direct act on the part of the accused persons to instigate or aid in the commitment of suicide by the deceased. Consequently, the charge under Section 306 IPC cannot be sustained merely based on the unfortunate death of the deceased or the alleged matrimonial disputes."
The woman, Sheeba Malik, was found hanging at her parental home in south Delhi's Jamia Nagar on August 25, 2018. She married Arshad in November 2016 and lived with her parents shortly after the marriage.
According to the prosecution, Sheeba was harassed over dowry, and her husband and in-laws had cast aspersions on her character. It was also alleged that Arshad's remarriage in July 2018 caused her mental distress.
The prosecution alleged that Arshad had told Sheeba over the phone that if she returned to her matrimonial home, she would be treated like a servant and paid Rs 200-400.
The court, however, noted that Sheeba's mother had turned hostile and denied the allegations made in her earlier statement. Her father also gave inconsistent versions on material aspects, including the alleged dowry demands and cruelty.
While the handwriting expert established that Sheeba wrote the suicide note, the judge said it could not, by itself, be treated as conclusive proof of the allegations against the accused.
The court observed that the prosecution had failed to establish dowry-related harassment sufficiently proximate to her death, which was necessary to invoke the statutory presumption under the law.
On the charge of abetment of suicide, the judge said the prosecution had not established any positive, active or direct act by the accused to instigate or intentionally aid Sheeba in taking her life.
The court held that neither the alleged telephone conversation nor Arshad's second marriage, by itself, established abetment of suicide.
