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Husband's acquittal can't let off in-laws: SC

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Agencies

Posted online: Sunday , January 06, 2008 at 12:00:00
Updated: Sunday , January 06, 2008 at 11:52:00


The acquittal of the husband in a dowry death case cannot be a ground for absolving the in-laws, the Supreme Court has ruled.

The apex court said this while sentencing a dowry victim's father-in-law to seven years imprisonment, setting aside his acquittal by the Rajasthan High Court.

The High Court had concluded that since the trial court had acquitted the victim's husband, other accused including her in-laws cannot be convicted.

However, the apex court termed that premise as erroneous and affirmed the trial court's verdict holding the victim's in-laws guilty of dowry death.

"The High Court committed serious illegality by acquitting the father-in-law on the premise that husband had been acquitted," a Bench comprising Justices G P Mathur and G S Singhvi said.

The Apex Court said the High Court ignored the most important factor that the deceased suffered injuries in a dwelling unit belonging to her in-laws and she died in their presence due to those injuries.

While setting free the victim's father-in-law, the High Court said "in view of the acquittal of the husband of the deceased, the other accused cannot be convicted for offence of dowry death."

The High Court had set aside the trial court order sentencing the victim's father-in-law and mother-in-law seven years of rigorous imprisonment.

Giving the benefit of doubt to the husband of the dowry death victim, who was out of station on the day of the incident, the trial court had acquitted him.

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