Monday, 9 November 2015

How prosecution can prove that money was paid to husband by his father of wife towards dowry?

 PW-1 in his evidence clearly stated that one year before the marriage he had sold his land for Rs.2,50,000/- and he has stated that he withdrew the money from the banks three-four months prior to marriage. PW- 1 further stated that he withdrew Rs.1,00,000/- from his G.P.F account one year before the marriage and deposited the money in his Central Bank Account, D.B.S. College Branch and whenever he needed, he used to withdraw money from his account. In his evidence, PW-1 has clearly narrated about the details of money paid to the appellants i.e. payment of amount of Rs.11,000/- and Rs.15,000,/- was given on the occasion of ‘Tika’ ceremony’, Rs. 50,000/- each paid on three different dates; fixed deposit amount of Rs.63,000/- left in the account of Archana which was matured was also withdrawn and paid to the appellants on 11.07.1997. Evidence of PW-1 regarding making payments to the appellants is cogent and consistent and is amply strengthened by the bank statements. Non-mention of details of money paid to the appellants and the demand of dowry and cruelty and harassment meted out to Archana in the statement of PW-1 does not affect the credibility of PW-1. As rightly observed by the High Court, it cannot be expected from a father to narrate everything when he himself was in agony due to death of his own daughter.
Supreme Court of India
V.K.Mishra & Anr vs State Of Uttarakhand & Anr on 28 July, 2015
Citation; AIR 2015 SC3043

Bench: T.S. Thakur, R.K. Agrawal, R. Banumathi
Read full judgment here; click here
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