New Delhi, Aug 19 A Delhi court has acquitted a man accused of subjecting his wife to dowry-related cruelty before her death, saying that "suspicion, however strong, cannot take the place of proof" and general allegations without specific incidents were insufficient to establish the charges.
Additional Sessions Judge Anuj Agrawal acquitted Anil Kumar of offences under Sections 498A and 304B of the IPC, saying that the prosecution failed to prove beyond reasonable doubt that his wife Anjali was subjected to dowry-related cruelty or harassment soon before her death.
In an order dated August 17, the court said, "The prosecution has failed to establish any proximate and live link between the alleged harassment and the death of the deceased. The evidence on record does not disclose any specific incident occurring immediately prior to the death which could be said to have driven the deceased to commit suicide."
The court noted that the allegations made by some of the family members of the deceased regarding dowry demands were "largely general and omnibus in nature" and did not establish any specific demand, date, time or particular act of cruelty.
Anjali had married Kumar on April 28, 2018, and died at their rented home in Pul Prahladpur, Delhi, on the intervening night of June 26-27, 2021. Her death occurred within seven years of marriage, and the prosecution alleged that she had been harassed over dowry demands.
The court said the crucial requirement for establishing a dowry death -- that the woman was subjected to cruelty or harassment in connection with a dowry demand "soon before her death" had not been proved.
It said the prosecution failed to establish any "proximate and live link" between the alleged harassment and Anjali's death and there was no specific incident immediately before her death that could have driven her to commit suicide.
The court also took note of the testimony of Anjali's mother and brother, who did not support the prosecution case and said Kumar had neither demanded dowry nor harassed her. The mother attributed her daughter's mental condition to the death of her child.
The court further said that even the alleged quarrel between the couple over Kumar's absence from Anjali's brother's wedding did not relate to any dowry demand and, therefore, could not be treated as a dowry-death offence.
It said the evidence also indicated that Anjali had been under mental stress following the death of her child, presenting an alternative explanation for her suicide which the prosecution had failed to rule out.
"Mere casual taunts or ordinary wear and tear of matrimonial life do not constitute 'cruelty'," the court said, unless the conduct was of such a nature as was likely to drive the woman to suicide or cause grave injury.
The court held that the prosecution had failed to prove both charges beyond reasonable doubt and acquitted Kumar.
