Section 304B of indian penal code-dowry death
First we should be aware of what is section 304b under indian penal code.
Section 304b ipc deals with death of a woman with in 7 years of marriage and if death is unnatural (burn or any other body injury).
I wish to provide help to those who are falsly implicated under section 304B ipc.
I will try to provide some material one by one in this regard. first one is as follows
FIR filed 1 month after
incident is too late: Apex court
Convicting
a person on basis of belated FIR dangerous: SC; New Delhi | Saturday, Nov 8
2008 IST
In a
significant ruling, the Supreme court has held that it is unsafe to convict a
person on the basis of an FIR lodged belatedly without explaining the delay. A
bench comprising Justices C K Thakker and D K Jain upheld the judgement of the
Andhra Pradesh High Court dated April 12, 2006, acquitting her husband in a
case of dowry harassment (304b).
The
apex court observed, ”We are convinced that in the light of the overall
evidence analysed by the High Court, the order of the acquittal of the
respondent is well merited and does not call for interference, particularly
when the FIR was lodged by the complainant more than one month after the alleged
incident of forcible poisoning.” ”Time and again, the object and importance of
prompt lodging of FIR has been highlighted. Delay in lodging the report more
often than not, results in embellishment and exaggeration, which is a creature
of an afterthought,” the apex court noted.
”A
delayed report not only gets bereft of the
advantage of spontaneity, the danger of the introduction of coloured version,
exaggerated account of the incident or a concocted story as a result of
deliberations and consultations, also creeps in, casting a serios doubt on its
veracity,” it said. ”Therefore, it is essential that the delay in lodging the
report should be satisfactorily explained,” the court added. In the present
case, three members of in-laws’ family were acquiitted by the trial court but
husband M Madhusudan Rao was sentenced to one-year imprisonment with a fine of
Rs 8000. The High Court, however, acquitted the husband also. The SC dismised
the appeal of the AP government.
judgement of the apex court on this case of 304b can be found at Supreme
Court of India
State Of
A.P. vs M. Madhusudhan Rao on 24 October, 2008
The above mentioned case under section 304b was not found genuine at the court of law.
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