New Delhi: Delay in registration of an FIR in heinous crimes like dowry harassment leading to death of the wife or abetment by husband to commit suicide is not a ground for acquittal in all cases, the Supreme court has held.
Giving this ruling a Bench of Justices Deepak Misra and Shiva Kirti Singh said, “It will be useful to remember that delay in lodging the FIR or complaint is not fatal in all cases. The Court must show some sensitivity in cases of present nature (dowry death) where the victim’s closest relation — mother is a poor helpless lady. Even a well-to-do person may suffer a state of mental confusion when struck by such a tragedy. The prosecution in such cases is likely to be delayed further if the deceased has left behind children. The issues relating to their safety and custody often require higher priority.”
The Bench said occurrences of the present nature require lodging of criminal case against persons who are already in the category of relation by virtue of matrimonial ties through the deceased and it is not always easy to take a decision whether to lodge a criminal case against a relation or not. Hence in such cases the factum of delay has to be dealt with sympathetically keeping in mind the mental condition of the close relations of the victim.
The Bench said the story of the deceased young lady (Rekha), aged about 25 years who was forced to commit suicide by the unfortunate situation and circumstances surrounding her life, resembles the tale of so many similar young women who end their life due to untold miseries and hardships faced by them within the confines of the four walls of their matrimonial home. All of them enter such home with hope of leading a long and blissful married life but this hope, invariably, does not last long, nor their life.”
In the present case the victim left behind a son then aged about ten months and she was also mothering a life of twenty weeks in her womb and she committed suicide by consuming poison unable to meet the dowry demand of her husband.
The appellant Satish Shettyappellant and both his parents were acquitted for offences punishable under Sections 3, 4 and 6 of the Dowry Act and under Sections 498-A and 304-B of the Indian Penal Code (IPC) on the only ground that there was delay in filing FIR.
