Monday, 9 November 2015

Whether prosecution case for dowry death can be disbelieved on the ground that details of payment of money and dowry harassment are not mentioned in FIR?

 FIR is not meant to be an encyclopedia nor is it expected to contain all the details of the prosecution case. It may be sufficient if the broad facts of the prosecution case are stated in the FIR. Complaint was lodged within few hours after the tragic event. PW-1 has lost his young daughter just married before six weeks in unnatural circumstances. Death of a daughter within few days of the marriage, the effect on the mind of the father-PW1 cannot be measured by any yardstick. While lodging the report, PW-1 must have been in great shock and mentally disturbed. Because of death of his young daughter being grief stricken, it may not have occurred to PW-1 to narrate all the details of payment of money and the dowry harassment meted out to his daughter. Unless there are indications of fabrication, prosecution version cannot be doubted, merely on the ground that FIR does not contain the details.
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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