Citation: Originating from SLP (Crl.) No. 4221 of 2022
A strong message should be sent to the society that the person committing the crime of dowry death will be dealt with strictly - Supreme Court refuses to reduce the punishment
Recently, the Supreme Court said that a strong message should be sent to the society that a person who commits dowry death and/or an offense under the Dowry Prohibition Act will be dealt with strictly.
A bench of Justices MR Shah and BV Nagarathnaal was considering a petition challenging the judgment passed by the High Court where the appellants were held guilty under Section 304B read with Section 201 of the Indian Penal Code (IPC). Is.
In this case the appellant/accused – father-in-law and father-in-law of the deceased were convicted of dowry death. The demand for dowry has been substantiated and proved by the prosecution. The deceased died within a year of marriage.
The appellants were convicted for the offenses under section 304B read with section 201 of the Indian Penal Code (IPC).
It was prayed on behalf of the appellants that in view of the age of the accused, less punishment should be given.
The learned Trial Court sentenced him to 10 years imprisonment which was upheld by the High Court.
The issue of consideration before the bench was:
Can the guilty be given less punishment under section 201 read with section 304 of IPC?
The bench observed that the legislative intention of insertion of section 304B was to forcefully curb the menace of dowry death.
In dealing with matters under section 304B, such legislative intent should be taken into account. Offense under section 304B - The offense of dowry death is an offense against the society. Such crimes have a deep impact on the society.
The Supreme Court said that "a strong message should go to the society that a person who commits dowry death and/or an offense under the Dowry Prohibition Act will be dealt with strictly. Therefore, in the facts and circumstances of the case, imposition of RI of 10 years only cannot be said to be disproportionate to the offense committed."
The bench observed that both the learned trial court as well as the high court have upheld the accused for the above offenses.
In view of the above, the Supreme Court dismissed the appeal.