The Bombay high court recently acquitted a man, along with his mother, who was sentenced in 2000 for harassing his wife for dowry. She committed suicide in 1995.
A division bench of justice TV Nalawade acquitted Vasant Sonawane and Chindhabai Sonawane who were sentenced to three years' rigorous imprisonment and one year's simple imprisonment respectively. The court while setting aside the conviction said: "The so called demand for (dowry) was very old and the evidence about it appears to be probable in nature."
As per the prosecution case the deceased Mangala and the accused Vasant married in the 1993. A few months after marriage, Vasant apparently demanded Rs5,000 to start a paan shop. Since she did not fulfil the demand, the accused started harassing her.
When she was five months pregnant she returned to her parents house for delivery. But Vasant took her back to his home on the promise of good behaviour. On April 4, 1995, Mangala committed suicide by taking poison.
During the trial the prosecution examined around six witnesses to bring home the guilt of the accused. The trial court in 2000 acquitted Vasant and his mother of the abetment to suicide charge but found them guilty of dowry harassment.
The duo were out on bail pending the hearing of their appeal filed in the high court, challenging the conviction. The high court, after going through the evidence, concluded that the evidence on record says the demand was made almost a year before the incident [suicide]. Also, as soon as Mangala was found to have consumed poison her parents were informed and she was moved to hospital. The two brothers of the deceased examined as witnesses have not given any direct evidence of them being told of Mangala being harassed.
Accordingly the court, giving benefit of doubt to the accused, set aside the conviction.
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