Supreme court: How to appreciate prosecution evidence if there is allegation that accused demanded dowry after passing of near about six years from the date of his marriage?

 The instant case is required to be examined from another angle also. The marriage took place on 1st December, 1978. The complainant party could not place any correspondence on record prior to February 1985 except letter dated 24th February, 1979 written by the deceased herself to her husband. However, it goes in favour of the appellants. Therefore, it is evident that the controversy arose only after the expiry of the period of more than 6 years from the date of marriage. It is quite possible that the dispute arose between the parties only because of the suspicion that the deceased had developed an illicit relationship with Kake. Had there been a demand of dowry or ill-treatment to her on any other ground by the appellants, there could have been some correspondence between the parties during the aforesaid long period of more than 6 years. None of the prosecution witnesses had made any allegation of any demand of dowry or ill treatment during the said earlier period. It is unnatural that after expiry of such a long period, the appellants suddenly became greedy and started demanding ornaments and for not meeting their demand, started ill treating the deceased to the extent that she had to commit suicide. Thus, the allegations made by the complainant party remained unnatural and improbable. More so, the demand had been only of a thin gold chain which could not be very expensive in those days, especially given the socio-economic status of all the parties. For the gold ornament worth such a petty amount after the expiry of a long period of about 6 = years, from the date of marriage, it is not natural that the appellants could treat the deceased with such cruelty that she was drawn to commit suicide. {Para 34}

IN THE SUPREME COURT OF INDIA

Criminal Appeal No. 891 of 2004

Decided On: 11.11.2010

Sunil Kumar Sambhudayal Gupta and Ors. Vs. State of Maharashtra

Hon'ble Judges/Coram:

P. Sathasivam and B.S. Chauhan, JJ.

Author: B.S. Chauhan, J.

Citation: 2010 INSC 770,2011 ALLMR 288 (SC),MANU/SC/0947/2010.

Read full Judgment here: Click here.

Print Page