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| Court acquits husband, Ors in dowry death case | | | Early Times Report
Jammu, Sept 18: Acquitting Rakesh Kumar husband of the deceased and her sister- in-law Bholi Devi from the charges of abetment to suicide and torturing the deceased for more dowry, 3rd Additional Sessions Judge Jammu RS Jain observed that the prosecution has failed to prove the guilt of accused beyond reasonable doubt.
The Court further held that in view of the contradictions and omissions in the testimonies of the prosecution witnesses who have deposed against the accused, the delay in the examination of these witnesses by the Investigating Officer and the absence of plausible reasons given by him for the delay in the examination of witnesses, assumes significance and affect the credibility of these witnesses adversely. Implicit reliance cannot be placed upon the testimonies of the prosecution witnesses for convicting the accused with the commission of offence with which they are charged. The witnesses have improved upon their initial statements in the Court. It is settled principle of law that prosecution is under an obligation of proving the guilt of accused beyond reasonable doubt by cogent and clear evidence, the Court pointed out.
According to the prosecution case on June 9, 2002 one Jagdish Raj Sharma Panch of Gurah Singhu in Police Station Kanachak filed an application stating therein that Seema Devi and her relative Kamli Devi had gone out for evening walk on June 8, 2002 at 7 PM. While Kamli Devi returned back, Seema Devi did not return. Despite search there was no trace of Seema Devi and her family members found a pair of Nylon chapel on the last step of bathing ghat of Ranbir Canal. Thereafter a docket was received by the police station on June 24, 2002 that a body of unidentified woman has been taken out from the Ranbir Canal at Muthi. Thereafter proceedings u/s 174 Cr PC was initiated and the body was identified to be that of Seema Devi wife of Rakesh Kumar. The statement of witnesses’ u/s 161 Cr PC was recorded. It came out that Seema Devi was married to Rakesh Kumar 13 months ago and after some time the accused started demanding dowry from the deceased and used to beat her. Having fed up with the maltreatment Seema Devi committed suicide. Accordingly a case u/s 306/498-A RPC was registered against the accused and after completion of investigation challan was presented in the Court. JNF
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