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| Bail denied to accused in dowry death case | | |
EARLY TIMES REPORT
JAMMU, Oct 3 (JNF): While rejecting bail application of the accused Vinod Kumar, Madan Lal and Beena Devi in a dowry death case of a young lady who committed suicide at matrimonial home, just after two months of her marriage, Addl. Sessions Judge Jammu Tahir Khurshid Raina observed that laws and legislations have failed to protect women against burgeoning crime and cruelties. They have proved of no avail unless moral conscious of the society is not awakened. So lot more emphasis is required to address the moral conscious of the society than simply to enact laws and lip service for curbing crime against women.
While rejecting the argument of the counsel for the accused that the husband was away from home and allegations of cruelty against the deceased wife are false and baseless, Court held technological revolution has rendered such argument meritless as mobile connectivity has shrunk the whole world and has rendered distances immaterial.
Court observed 'mental cruelty is equally dangerous as that of physical cruelty' being caused to her through mobile conversation.
Court observed that presumption of dowry death of a woman on account of dowry demand by in-laws as put in section 113-b of Evidence Act gets attracted in such cases where material on record clearly indicates continuous cruelty of woman on such count .
While rejecting the argument of the counsel that the material on record doesn't satisfy the requirement of an alleged cruelty to the deceased "soon before death" and hence the case doesn't attract the presumption of dowry death. Court observed that when CDR (Call Details Record) speaks of continuous connection between the two with allegations of dowry demand and torture by husband on phone and parents in law back home, it prima facie gives an impression of dowry death of the deceased.
Court observed the gravity of an offence is a prime factor to consider while deciding bail application. And in the instant case when a young girl of twenty years has committed suicide at her matrimonial home, just after two months of her marriage with alleged history of continuous cruelty committed to her by in-laws on account of demand of more dowry , this court does not find any merit in this bail application at this stage. Accordingly stands rejected. JNF |
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