A man sentenced by a trial court to seven-year imprisonment for abetting his wife’s suicide due to harassment for dowry has been let off by the Delhi High Court, which held that it could not be proved if the victim was subjected to cruelty for dowry.
A bench of justice SP Garg acquitted Ahmed Sayeed giving him benefit of doubt, while noting that ‘the trial court itself was not sure if soon before death Ishrat was subjected with cruelty for or in connection with dowry demands.’
‘The prosecution has failed to establish beyond reasonable doubt that there was a direct nexus between the cruelty and the suicide,’ it said.
The bench perused the verdict of the trial court which said ‘although it cannot be held that the accused used to demand dowry the circumstances clearly show that accused was dissatisfied with his wife...The reason for his callous attitude towards his wife are not difficult to find, admittedly, the in-laws of the accused were not very well off...’
The HC judge said ‘the impugned judgment is based upon surmises and conjectures. The prosecution is required to prove the very case it alleges and the court cannot substitute its own opinion and make out a new case.’
Ahmed Sayeed was sentenced to seven-year imprisonment for dowry death in June 2000 for allegedly harassing his wife Ishrat for dowry forcing her to set herself ablaze on the intervening night of 17-18 May, 1998, within seven years of their marriage while the accused was asleep on the terrace of the house.
During the trial, Ahmed had told the trial court that he had no complicity in the crime and that Ishrat used to remain depressed as no child was born to them.
The HC bench noted that it has come on record that prior to the incident, there was no complaint against Ahmed of beating or harassing his wife and their neighbours also did not say anything about the relation between Ahmed and his wife being strained.
A bench of justice SP Garg acquitted Ahmed Sayeed giving him benefit of doubt, while noting that ‘the trial court itself was not sure if soon before death Ishrat was subjected with cruelty for or in connection with dowry demands.’
‘The prosecution has failed to establish beyond reasonable doubt that there was a direct nexus between the cruelty and the suicide,’ it said.
The bench perused the verdict of the trial court which said ‘although it cannot be held that the accused used to demand dowry the circumstances clearly show that accused was dissatisfied with his wife...The reason for his callous attitude towards his wife are not difficult to find, admittedly, the in-laws of the accused were not very well off...’
The HC judge said ‘the impugned judgment is based upon surmises and conjectures. The prosecution is required to prove the very case it alleges and the court cannot substitute its own opinion and make out a new case.’
Ahmed Sayeed was sentenced to seven-year imprisonment for dowry death in June 2000 for allegedly harassing his wife Ishrat for dowry forcing her to set herself ablaze on the intervening night of 17-18 May, 1998, within seven years of their marriage while the accused was asleep on the terrace of the house.
During the trial, Ahmed had told the trial court that he had no complicity in the crime and that Ishrat used to remain depressed as no child was born to them.
The HC bench noted that it has come on record that prior to the incident, there was no complaint against Ahmed of beating or harassing his wife and their neighbours also did not say anything about the relation between Ahmed and his wife being strained.