Daily Archives: August 12, 2018

Be slow to accept domestic violence cases against husband’s kin: HC to subordinate courts — Aug 12, 2018

Be slow to accept domestic violence cases against husband’s kin: HC to subordinate courts

— By Narsi Benwal | Aug 12, 2018 12:22 am

Mumbai : Observing that relatives of a husband are usually roped in and arraigned as accused by the wife in complaints of domestic violence cases, the Aurangabad bench of the Bombay High Court recently said the subordinate courts must be “cautious” while taking cognizance of such complaints. The HC accordingly quashed the criminal process issued by a Magistrate against the relatives of a man.

A single-judge bench of Justice Vibha Kankanwadi said, “The orders of issuance of process is a very serious business. It requires judicious application of mind. No person can be asked to face a criminal trial only on the basis of some stray statements.”

“The subordinate courts ought to consider the tendency to implicate all the family members of a husband in such types of cases. Therefore, courts should be slow in accepting the allegations against relatives, even at a prima facie stage,” Justice Kankanwadi held.

The bench was seized with nearly seven criminal appeals filed by Ankur Gaikwad and his family members including his parents, younger brother, two married sisters and their husbands. The entire Gaikwad family petitioned the HC challenging the orders of a Magistrate issuing criminal process against them under charges of domestic violence, dowry demand and criminal intimidation.

The complainant, Anjali — Ankur’s wife — had registered a private complaint against all of her in-laws for harassing her both physically and mentally. In her complaint, she had claimed that her in-laws made illegal demands of dowry.

Having perused the complaint, Justice Kankanwadi noted that the allegations made by Anjali against her husband, his parents and younger brother, cannot be faulted with since they all lived in the same house.

“However, it is to be noted that Anjali’s sister-in-laws and their husbands resided at different places and whatever is alleged against them is in chorus. The allegations against them is that they made illegal demands and thereafter whatever else is alleged to be stated by them is in chorus. No particular role has been attributed to them,” the court noted.

“Only an omnibus statement has been made against them (sister-in-laws and their husbands) by Anjali. Therefore, considering this aspect, the Magistrate should not have issued process against them and thus if they are asked to face trial, it would be an abuse of the process of law,” Justice Kankanwadi said.

Accordingly, the bench quashed the process issued against both of Ankur’s sisters and also their husbands. The court, however, maintained the process, as issued against Ankur, his parents and his younger brother.

source
http://www.freepressjournal .in/mumbai/be-slow-t o-accept-domestic-violence-cases-a gainst-husbands-kin-hc-to-subordinate-cou rts/1333753

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Vinayak
Father of a lovely daughter, criminal in the eyes of a wife, son of an compassionate elderly mother, old timer who hasn’t given up, Male, activist

Every #parent saved their kids like this #squirrel saved her babies. How can we leave our parents because a #fakeCase female asked us to ?

From the time we were born, till around the teens, our parents cared for us, nourished us, protected us, clothed us and did everything possible for our brains and  bones to grow

They made sacrifices themselves just to see that smile on our faces

they spent endless sleepless nights just to make us sleep

Now that I have grown up, have a job and can take care of myself, but my mother is old, infirm and unable to manage by herself, isn’t it my duty to take care of her (them) when they are in need ?

How can I forsake them when they are in need

and that too for a #fakeCase filing woman

 

 

#DELHI Court #acquits 4 including #MINOR sister in law in #dowry #death case

Court acquits 4 in dowry death case

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Nirnimesh Kumar

New Delhi, August 11, 2018 23:41 IST Updated: August 11, 2018 23:41 IST

Says allegations against accused are vague, unsubstantiated

A Delhi court has acquitted four persons in a dowry death case, saying that “the allegation of subjecting the victim to cruelty was vague and could not be substantiated”.

Acquitting the accused persons, including the husband of the victim, Additional Sessions Judge Kuldeep Narayan at the Tis Hazari Courts said: “It is clear from the testimonies of the parents and the sister that all the allegations about harassment or cruelty on the part of the accused persons remained vague in nature and could not be substantiated.”

“There is no direct evidence available on record to establish that any of the accused persons subjected the deceased to cruelty. The prosecution failed to establish the essential ingredients of the offence punishable under IPC Section 498A [harassing a married woman for dowry] against the accused,” the Judge said.

The complaint lodged by the victim’s mother stated that her daughter had married Rohit in 2013. Just 10 to 12 days after the marriage, her husband, father-in-law Ramesh Kumar, mother-in-law Shashi, sister-in-law Monika and brother-in-law Amit started harassing her for dowry. They had demanded a car from her, she alleged.

The woman had committed suicide by hanging from the ceiling at her parents’ house allegedly due to harassment for dowry.

“Accused persons namely Rohit Kumar, Ramesh Kumar, Shashi and Amit are acquitted of the charge qua commission of offences punishable under IPC Section 304B [dowry death] /498A/34 IPC. Offence under IPC Section 306 [abetting
the commission of suicide] is not made out against any of the accused,” the Judge said while acquitting them.

Monika was a minor, therefore, charge sheet against her was filed before the Juvenile Justice Board.

The accused in their statements had said that they had been implicated in the case.

source
The HINDU

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regards

Vinayak
Father of a lovely daughter, criminal in the eyes of a wife, son of an compassionate elderly mother, old timer who hasn’t given up, Male, activist