Court acquits two in dowry death case as complainant-cum-witness turns hostile

A local court on Tuesday acquitted two persons charged with abetment to suicide, as the complainant-cum-witness turned hostile.
Pawan, accused in the case was married to Sunita, who died after jumping from the third floor of her house in Sector 15-C on March 25 this year. Pawan allegedly harassed his wife for dowry. Sunita's brother Rajesh, who is the complainant in the case, had alleged that Pawan and his father Nand Kishore harassed his sister for money, following which a case was registered under Section 306 (abetment to suicide) of Indian Penal Code against them.
According to the complainant, he got a call on March 25 around 4 pm from the accused and was informed that his sister has been injured and has been taken to PGI. Around 7 pm on the same day his brother got a call that Sunita has jumped from the third floor of her house.
Rajesh, in his initial complaint, had alleged that Pawan and Nand Kishore demanded cash and motorbike. He had also told the police that they spent around Rs 12 to 15 lakh in the marriage which took place in 2000.
According to Rajesh, Sunita, a mother of two children, was not given proper food and was not allowed to meet her children. She was also sent to her parents ancestral home after marriage for some time. He said a local panchayat at her parents home tried to resolve the issue on several occasions.
However, Rajesh later turned hostile and refused to accept that he made any statement before the police regarding the amount of money being spent on the marriage. He also denied that he made any statement about any panchayat being held to resolve the dispute.

http://www.indianexpress.com/news/court-acquits-two-in-dowry-death-case-as-complainantcumwitness-turns-hostile/1167505/ 

‘Step to protect men from wives’ fake complaints not enough’

Centre's directive to states say no arrests be made without proper investigation

Taking cognisance of the increasing number of false complaints being filed under section 498A of the Indian Penal Code (IPC), the Central Government recently issued directives to the state governments not to make any immediate arrests but conduct thorough investigations before taking any action. However, family court lawyers and activists feel that unless women are punished for lodging false complaints, this directive would not help.

"Though the directive is welcome, unless the women are punished by law for filing false cases under Section 498A, its misuse cannot be stopped," said Mahesh Kalge, a representative of Save Indian Family Foundation (SIFF), who runs a helpline for men in distress caused by domestic disputes.

Mahesh (name changed), an IT professional from Chinchwad, had to spent a week in the lock-up after his wife filed a harassment complaint with the police.

"In most cases, the investigating officer immediately arrests the husband, mother-in-law and sister-in-law, as per the statement given by the wife. However, when the allegations prove false, the investigating officer is never held at fault. It is time the judiciary take this into account," said Mahesh.

"This directive, if implemented strictly, will surely put a tab on the misuse of this section. Of the total cases filed under this section in one year, 85 per cent turn out to be bogus," said advocate Shailaja Kelkar, matrimonial counselor who practiced in the family court for 20 years. There should be a provision in the law where husbands can sue their wives for making false allegations. Women take to filing such false complaints with an eye on compensation or husband's property, Kelkar observed.

In a letter to state chief secretaries, the Ministry of Home Affairs has asked the state governments to issue directives to the police not to arrest the husband and his relatives without checking the genuineness of the anti-dowry complaint.
http://www.indianexpress.com/news/-step-to-protect-men-from-wives--fake-complaints-not-enough-/542632/

Centre's directive to states say no arrests be made without proper investigation
Taking cognisance of the increasing number of false complaints being filed under section 498A of the Indian Penal Code (IPC), the Central Government recently issued directives to the state governments not to make any immediate arrests but conduct thorough investigations before taking any action. However, family court lawyers and activists feel that unless women are punished for lodging false complaints, this directive would not help.
"Though the directive is welcome, unless the women are punished by law for filing false cases under Section 498A, its misuse cannot be stopped," said Mahesh Kalge, a representative of Save Indian Family Foundation (SIFF), who runs a helpline for men in distress caused by domestic disputes.
Mahesh (name changed), an IT professional from Chinchwad, had to spent a week in the lock-up after his wife filed a harassment complaint with the police.
"In most cases, the investigating officer immediately arrests the husband, mother-in-law and sister-in-law, as per the statement given by the wife. However, when the allegations prove false, the investigating officer is never held at fault. It is time the judiciary take this into account," said Mahesh.
"This directive, if implemented strictly, will surely put a tab on the misuse of this section. Of the total cases filed under this section in one year, 85 per cent turn out to be bogus," said advocate Shailaja Kelkar, matrimonial counselor who practiced in the family court for 20 years. There should be a provision in the law where husbands can sue their wives for making false allegations. Women take to filing such false complaints with an eye on compensation or husband's property, Kelkar observed.
In a letter to state chief secretaries, the Ministry of Home Affairs has asked the state governments to issue directives to the police not to arrest the husband and his relatives without checking the genuineness of the anti-dowry complaint.
- See more at: http://www.indianexpress.com/news/-step-to-protect-men-from-wives--fake-complaints-not-enough-/542632/#sthash.P8aotY7I.dpuf

Centre's directive to states say no arrests be made without proper investigation
Taking cognisance of the increasing number of false complaints being filed under section 498A of the Indian Penal Code (IPC), the Central Government recently issued directives to the state governments not to make any immediate arrests but conduct thorough investigations before taking any action. However, family court lawyers and activists feel that unless women are punished for lodging false complaints, this directive would not help.
"Though the directive is welcome, unless the women are punished by law for filing false cases under Section 498A, its misuse cannot be stopped," said Mahesh Kalge, a representative of Save Indian Family Foundation (SIFF), who runs a helpline for men in distress caused by domestic disputes.
Mahesh (name changed), an IT professional from Chinchwad, had to spent a week in the lock-up after his wife filed a harassment complaint with the police.
"In most cases, the investigating officer immediately arrests the husband, mother-in-law and sister-in-law, as per the statement given by the wife. However, when the allegations prove false, the investigating officer is never held at fault. It is time the judiciary take this into account," said Mahesh.
"This directive, if implemented strictly, will surely put a tab on the misuse of this section. Of the total cases filed under this section in one year, 85 per cent turn out to be bogus," said advocate Shailaja Kelkar, matrimonial counselor who practiced in the family court for 20 years. There should be a provision in the law where husbands can sue their wives for making false allegations. Women take to filing such false complaints with an eye on compensation or husband's property, Kelkar observed.
In a letter to state chief secretaries, the Ministry of Home Affairs has asked the state governments to issue directives to the police not to arrest the husband and his relatives without checking the genuineness of the anti-dowry complaint.
- See more at: http://www.indianexpress.com/news/-step-to-protect-men-from-wives--fake-complaints-not-enough-/542632/#sthash.P8aotY7I.dpuf

 

PIL questions immediate arrests in dowry harassment cases

JAIPUR: A division bench of the high court has asked state government to give its reply to a PIL filed by one Vinod Singhal who questioned immediate arrests in cases pertaining to Section 498A (dowry harassment) and Section 406 of IPC (criminal breach of trust) filed by aggrieved wives against husband and his relatives.
The petition alleges that 70% matrimonial disputes are being converted into criminal cases by misuse of the provisions of Sections 498A and 406 of IPC. It has been alleged that once such a false criminal case is filed against the husband and his relatives the police immediately arrest the accused resulting in vanishing of chances of reconciliation between the warring husband and wife.

The PIL raises a point that since the offences are non-bailable, some guidelines must be issued so as to see that no husband or his relatives are arrested on false complaints. The petitioner demands that instead of registering the FIR immediately, the police must first call the parties for conciliation and in case the dispute remains unresolved, then only action should be initiated against the guilty husband and his relatives.
It has also been highlighted in the petition that in the recent past the Supreme Court too had observed that the law made for protection of women is being misused and has asked the Law Commission of India to report as to whether the law can be made bailable. The division bench of Chief Justice Amitava Roy and Justice V S Siradhana directed that a copy of the PIL be supplied to the government advocate.
http://articles.timesofindia.indiatimes.com/2013-07-09/jaipur/40468015_1_pil-questions-dowry-harassment-cases-division-bench

सुहागरात में पत्नी ने मारी लात, युवक ने जिद पकड़ ली लड़की बनने की

अहमदाबाद। बीते शुक्रवार को अहमदाबाद के सिविल हॉस्पिटल में सेक्स चेंज का ऑपरेशन कराने पहुंचा युवक कौन था? आखिर क्यों उसने लड़की बनने की जिद ठानी? पुरुष से स्त्री बनने के लिए इसने क्या-क्या किया? यह जानने के लिए दिव्यभास्करडॉटकॉम की टीम इस युवक से मुलाकात की। 

 

बातचीत में पता चला कि इसके पीछे उसका दर्द था। वह विवाहित होने के बाद भी अब तक सेक्स से वंचित है। इतना ही नहीं, अब वह पत्नी से इतना त्रस्त हो चुका है कि उसने स्त्री बनकर रहने का दृढ़ निश्चय कर लिया है।

 

http://www.bhaskar.com/article/GUJ-AHM-men-wants-to-become-girl-cuase-of-wife-4362527-PHO.html 

It’s Freedom Friday for harassed husbands near Nagpur; “Independence Day” today!!

It’s Freedom Friday for harassed husbands near Nagpur; “Independence Day” today!!

Nagpur News.
It’s a male’s day altogether…or the Husband’s Independence Day to be more precise. While the people across the nation might have celebrated Independence Day on Thursday in solidarity with the traditional practice, a handful group of men acted otherwise. Feeling leftover in the series of issues pertaining to individual rights, husbands have moved a step forward in affirming their self in their own right and marked Friday as their day of ‘Independence’. The city of Nagpur would be a part of the one of its kind revolution which is running into its fifth year.
5^th National Men’s Rights Conference 2013, an event jointly conducted by a group of organizations fighting for equal rights to men in Hindu marriages would be held Friday at
Pench Jungle Home Resort near Nagpur.
Arnab Ganguly, a member of one of the participating organization called INSAAF told Nagpur Today, “We have found Nagpur as our strong chapter. We have got strong support from over 3500 members here. It is centrally located and easier to reach. So this year we have chosen this venue for conducting our event.
He told Nagpur Today, “On Friday we will be conducting the conference while tomorrow we would be debating on marriage laws.”
He informed that last year we could not conduct the event as we had moved to Delhi to press for the amendments in Hindu Marriage Bill. “Our previous events were conducted in Shimla, Kolkata and Yercaud in Tamil Nadu. We are fighting for the men’s rights as the provisions of current Hindu marriage bill are extremely dangerous and essentially targeting men in Hindu marriages. It allows wives to acquire 50% of the ancestral property. Even when the Hindu man is not married, 50% is accorded to his wife although she has not contributed in the property. This is very dangerous act which affects Hindu families badly. It will push husbands to become criminals. We want the government to make amendments but it did not pay any heed. Even the proposal is awaiting to be tabled in Lok Sabha or Rajya Sabha. It would be put up by Monday or Tuesday,” he said.
Another organization Child Right Initiative for Shared Parenting (CRISP) working towards the equality of parenting rights among married men and women is participating in the movement to push the envelope further.
Kumar Jahangirdar, founder and president, CRISP said, “We did not participate in the celebrations Thursday to mark the country’s Independence Day. We, a group of men who are seeking parenting rights and joint custody of their child, are meeting in Nagpur on Friday to demand ‘freedom’ from women-centric laws.
Over 100 men from across the country would participate in today’s movement. CRISP, which has been fighting for the rights of fathers and children for more than five years, in partnership with Save Indian Family, has organised this annual event which would be conducted for fifth year in a row.
Among the issues slated for discussion during the summit are Marriage Laws Amendment Bill of 2010. “The law makers have an assumption that children always live with the mother and she alone is enough to protect the child’s welfare which is simply unscientific and against nature. It also violates the spirit of the Indian constitution,” Jahgirdar said.
The bill, he said, also allows the mother to claim paternal ancestral property and the children’s share of it, which can also lead to likely misappropriation by step-fathers and step-siblings.
“The government of the people seems to be more interested in women’s rights than innocent children’s rights, simply because children are not vote banks, though they represent more than 40 percent of our population,” he said.
Another member, a software engineer in Nagpur, said, “Men have no platform to lodge a complaint when they face harassment from their wives.”

Most of the time, he said, the wives extort money by lodging false dowry cases and even deny the right of a father to meet his children, even when he has the court’s consent.
“We urge society and its stakeholders to treat fathers with dignity and accept the scientific fact that children deserve their father’s natural love and care as much as their mother,” a statement from CRISP said.


https://www.nagpurtoday.in/its-freedom-friday-for-harassed-husbands-near-nagpur-independence-day-today/ 

498a misuse - 4

why no punishment for dowry givers

IT engineer held for harassing wife, demanding dowry of Rs 15 lakh

IT engineer held for harassing wife, demanding dowry of Rs 15 lakh

CHENNAI: A 34-year-old software engineer from Bangalore was arrested on Sunday for subjecting his wife, who is a professor with an engineering college, to severe cruelty, and for demanding a dowry of 15 lakh.

Police said Henry William Bosco demanded dowry and physically abused her for two years. Rita Carolin, 30, who works in an engineering college in Poonamallee, married Bosco in 2011. He obtained a dowry of 10 lakh but kept demanding more.

Rita told the police that he had ill-treated her and physically and mentally harassed her since they got married. "She could not withstand his torture. Her pregnancy was terminated because of the physical abuse," said inspector Manjula of Villivakkam all-women police station.

After the wedding, he demanded a television and beat her up. Her mother, a nurse, treated her because they were afraid of repercussions if she reported the incident, the officer said.

The couple lived in Velachery and later moved to Kolathur. When she had gone to her mother's house to recover from the abuse, he vacated the house without informing her, and then stopped contacting her. The landlord told her that her husband had moved away.

She collected the advance amount of 50,000 from the house owner. Bosco demanded that money and lodged a complaint with Peravallur police in 2012. His family tried to mediate but it did not work. Rita then lodged a complaint with the commissioner's office.

"He was called for several counselling sessions, but he failed to turn up. He told her that he'd divorce her if she failed to withdraw the complaint," the officer added.

Based on her recent complaint with the Villivakkam all women police station, a notice was sent to him to appear before the police, which he ignored.

Police booked him under section 498 A (dowry) and 506 (ii) (criminal intimidation) of IPC and arrested him in Bangalore. He was brought to Chennai and remanded in judicial custody.

Rita told the police that Henry William Bosco (in pic) had ill-treated her and physically and mentally harassed her since they got married. Her pregnancy was also terminated because of the physical abuse

 

http://m.timesofindia.com/city/chennai/IT-engineer-held-for-harassing-wife-demanding-dowry-of-Rs-15-lakh/articleshow/20964164.cms 

Singer Hemanth accused of dowry harassment

Singer Hemanth accused of dowry harassment

Domestic controversies don't seem to leave the Kannada industry people, after the news of Duniya Vijay filing for divorce, comes the news of popular singer, Hemanth, being accused of dowry harassment by his wife, Priyadarshini.

According to sources, the police have registered a B Report in the case and filed the same to court, which means that there is no evidence in the dowry case. In 2009, Priyadarshini had filed a complaint against Hemanth and his family following which, Hemanth was arrested and spent two days in jail before he was released on bail.

It has been alleged that now the couple is involved in a settlement issue over the payment of one-time alimony. It seems to now have shadowed hemanth's career which he had managed to salvage bit by bit. However, the cops deciding that the case is false will be a major boost for Hemanth.  http://timesofindia.indiatimes.com/entertainment/regional/kannada/news-interviews/Singer-Hemanth-accused-of-dowry-harassment/articleshow/20927625.cms 

Is India's suicide law being misused?

Is India's suicide law being misused?

Last year, more than 13,000 farmers killed themselves in India.

Most were saddled with steep debts, having failed to pay back loans they had taken from banks, micro-finance companies and money lenders after their crops failed. Farm suicides - nearly 300,000 since 1995 - are India's shame, a colossal national tragedy.
But, can the lenders be lawfully charged with abetting such suicides?
Going by India's laws, yes. The country's 153-year-old penal laws say abetting suicide can fetch the offender up to 10 years in prison and a fine.
In May, Sudipta Sen, a businessman who allegedly defrauded thousands of depositors in the eastern state of West Bengal, was charged with abetting the suicide of a "depressed" investor.

Jiah Khan's mother accused Mr Pancholi of abusing her daughter

So was Suraj Pancholi, who was arrested after his girlfriend, Bollywood actress Jiah Khan, killed herself last month.
Mr Pancholi spent time in prison after police announced they intended to charge him with abetment. He was bailed on Monday, with the judge saying he did not appear to have a motive for inciting his girlfriend to kill herself.
Tuesday's papers reported a similar incident. The former boyfriend of a film editor, who allegedly took her life, has been detained and charged with abetment of suicide in Mumbai. Reports said she had accused her boyfriend of rape and, more recently, he had called off their planned wedding.
India's Supreme Court has repeatedly said that to convict a person for abetting suicide, it has to be proved that they instigated the suicide or that "there was a clear intention to commit the offence".
"It's not easy to prove," leading lawyer KTS Tulsi tells me. "It's like showing the gun, showing the poison [to the victim] and telling him or her, 'go ahead and die'. That's the kind of active facilitation which is not easy to prove."
No wonder the conviction rate in cases of abetment to suicide is abysmally low - 1-2%, Mr Tulsi says. More than 135,000 people took their lives in India in 2012 - more men than women, and the majority of them married.
Mr Tulsi accuses the police of abusing the law. "The law is very clear about how abetment should be defined. Unfortunately, our police are not literate enough in grasping the finer definitions of laws. The result is unnecessary harassment of people," he says.
Legal experts believe India still needs the law, considering the large number of women who still take their lives following dowry demands. More than 8,000 dowry deaths were reported in India last year, according to the National Crime Records Bureau. A third of the offenders were convicted. Lawyers believe many of these convictions related to the suicide of a dowry victim were secured after proving the abetment charge.
However, India possibly needs to scrap the other colonial-era law that makes it illegal to take your life. It is a crime that can fetch you a year of prison time. England scrapped a similar law in 1961, but the former colony still persists with what many believe is a retrograde measure.

http://www.bbc.co.uk/news/world-asia-india-23140888

पत्नी ने प्रेमी संग मिल रची थी हत्या की साजिश

पत्नी ने प्रेमी संग मिल रची थी हत्या की साजिश

रायबरेली, संवाददाता : मिल एरिया पुलिस ने शनिवार को असलम हत्याकांड का खुलासा कर दिया। हत्यारोपी पत्‍‌नी नसरीन, उसके प्रेमी रोहन समेत चार लोगों को जेल भेजा गया है। मामले में एक आरोपी अभी फरार चल रहा है। पुलिस अधीक्षक राजेश पांडेय ने मिल एरिया पुलिस को ढाई हजार रुपये का पुरस्कार देने की घोषणा की है।
एसपी ने वारदात का खुलासा करते हुए बताया कि दो मई को कल्लू का पुरवा निवासिनी नसरीन (18) पुत्री अजीज का निकाह हरदासपुर निवासी असलम (22) पुत्र मो. रसीद के साथ हुआ था। नसरीन का तकरीबन डेढ़ वर्ष से रोहन शर्मा पुत्र श्रवण कुमार निवासी कल्लू का पुरवा के साथ प्रेम प्रसंग चल रहा था। शादी के बाद भी नसरीन रोहन से बात करती थी, जो कि असलम को नागवार लगता था। असलम ने कई बार नसरीन को समझाया और पीटा भी, लेकिन बातचीत बंद नहीं हुई। नसरीन ने पिटाई की बात रोहन को बताई। रोहन और नसरीन ने मिलकर असलम की हत्या की साजिश रची।
22 जून को नसरीन ने फोन करके असलम को सहेली के घर चलने की बात कहकर बुलाया। वह असलम को लेकर त्रिपुला के पास पेट्रोल पंप के पीछे बने मकान में ले गई। यहां पहले से रोहन व उसके साथी अंशु शर्मा पुत्र पवन शर्मा निवासी कल्लू का पुरवा, अतुल कुमार दीक्षित पुत्र रमाकांत दीक्षित निवास लहुरिया कोड़रस बुजुर्ग और संजय मौजूद थे। असलम को कमरे के भीतर ले जाने के बाद नसरीन ने रोहन को बुलाया। रोहन को सामने देख असलम को गुस्सा आया और उसने दोनों की पिटाई कर दी। तभी अंशू, संजय और अतुल आ गए। रोहन ने नसरीन को दूसरे कमरे में भेज दिए। फिर चारों दोस्तों ने मिल कर आटो के एक्सीलेटर वायर से असलम का गला कस दिया। असलम बार-बार जान बख्शने की गुहार लगा रहा था लेकिन रोहन बेरहम हो गया और उसको मौत के घाट उतारने के बाद ही रुका। बाद में नसरीन को बाइक से उसके घर भेज दिया गया। रोहन, संजय और अतुल ने असलम के शव को आटो की डिग्गी में डाला और फतेहपुर के हुसैनगंज में नहर में फेंक दिया। 23 जून को उसका शव व एक्सीलेटर वायर हुसैनगंज पुलिस ने बरामद किया।
सीओ सदर पंकज पांडेय और मिल एरिया एसओ मनोज मिश्र ने मामले की तहकीकात शुरू की। नसरीन को हिरासत में लेते ही पूरा मामला सामने आ गया। बाद में रोहन, अतुल और संजय को पुलिस ने गिरफ्तार कर लिया। असलम हत्याकांड में गिरफ्तारी सभी आरोपियों की उम्र 18 से 24 वर्ष के मध्य है।
गलती हो गई..
पति की हत्यारोपी नसरीन पुलिस आफिस में रो पड़ी। बोली, गलती हो गई। मुझे नहीं पता था कि इतनी बड़ी गलती करने जा रही हूं। भावावेश में आकर गलत कदम उठ गए। इसके लिए मैं कभी खुद को माफ नहीं कर पाऊंगी।

http://www.jagran.com/uttar-pradesh/raebareli-10520744.html

India’s 498a Law – The Abuse Continues

 India’s 498a Law – The Abuse Continues 

In a landmark decision in 2010, Preeti Gupta v. State of Jharkhand, the Supreme Court of India lambasted the prevalent abuse of the infamous Section 498a of the Indian Penal Code law demanded that the legislature should change the law and directed that a copy of its decision be sent to the Law Commission of Indian the hope that the legislation might be amended.

The Law Commission issued a report in August 2012, calling for quite modest changes in the law. However, even those changes have not yet been enacted.

In Gupta the Supreme Court demanded that lower courts intervene to prevent the rampant consequential abuse of process, which has “led to enormous social unrest affecting peace, harmony and happiness of the society”; ruled that “most” 498a cases are filed in the heat of the moment over trivial issues without proper deliberations; asserted that many such cases are not bona fide, that many are filed with an oblique motive, and that many are filled with exaggerated or false claims; explained that these cases “can lead to insurmountable harassment, agony and pain to the accused and to his close relations” and “immense sufferings for all concerned;” and stated further that an ultimate acquittal may “not be able to wipe out the deep scars of suffering of ignominy.”

Meanwhile the abusive conduct continues. The Law Commission reported that in 2010 there were at least 340,555 cases under Section 498-A that were pending trial in various courts towards the end of 2010 and that there were as many as 938,809 people who were implicated in these cases. The reason that there were almost three times as many people accused as there were cases is that the law expressly authorizes a wife (but not a husband) to ask the police to bring charges against all of the relatives of her husband who may have participated in the alleged acts of cruelty.

We have commented previously on this law, that was well-intentioned in its enactment but which is frequently misused in India as a means of blackmailing non-resident Indian husbands. http://www.international-divorce.com/Indias-Notorious-Section-498A.htm.

http://www.internationalfamilylawfirm.com/2013/06/indias-498a-law-abuse-continues.html 

Govt wants judges fined for frequent adjournments

Govt wants judges fined for frequent adjournments

NEW DELHI: The government has suggested that higher judiciary impose fines on judges for allowing frequent and too many adjournments, a move which can potentially ensure swift punishment for those guilty of heinous crimes, early release of undertrials who may be found innocent as well as respite for those who have been embroiled in interminably long litigation over civil disputes.

The government has been holding consultations with the Supreme Court to urge the latter to ensure that the amendment made under Section 309 of the Code of Criminal Procedure (CrPC), which capped the adjournments permissible in a case at three, are implemented. It suggested that the higher judiciary consider imposing fines on judges infringing the three adjournment ceiling.

In fact, in cases of heinous crimes like rape, the amended Section 309 of CrPC lays down a timeframe of two months for the completion of inquiry as well as trial.

Sources said the law ministry has held several rounds of consultations with the apex court, and expressed satisfaction with the response it received to the proposal for strict enforcement of Section 309 of CrPC, limiting the number of adjournments before the subordinate judiciary.

The apex court too has in a number of recent judgments frowned upon the trend among subordinate judiciary to allow frequent adjournments: something which has been identified as one of the main factors behind the huge pendency of cases. The government is hopeful that SC may take steps shortly to ensure that the guidelines under the amended Section 309 are no longer disregarded by judges.

Section 309 of CrPC provides that "every inquiry or trial shall be held as expeditiously as possible and the recording of examination of witnesses shall be continued on day-to-day basis unless the court finds the adjournment of the same beyond the following day to be necessary for reasons to be recorded".

The government later incorporated some more guidelines relating to adjournments which specified that "no adjournment shall be granted at the request of a party, except where the circumstances are beyond the control of that party and even in cases where the pleader of a party is engaged in another court, shall not be a ground for adjournment".

The other important guideline said if a "witness is present in court but a party or his pleader is not present or the party or his pleader though present in court is not ready to examine or cross-examine the witness, the court may, if it thinks fit, record the statement of the witness and pass such orders as it thinks fit". Sources said some of these guidelines may be notified soon so that it becomes compulsory for the subordinate judiciary to enforce them.

Already, the law ministry has drawn up a list of other important amendments carried out in CrPC in the recent past but which are not being enforced by the lower judiciary.

For instance, a new Section 436A has been inserted, which provides that "if an accused has spent half of the maximum period of imprisonment specified for that offence, not being an offence for which the death punishment has been specified as one of the punishment, he shall be released by the court on his personal bond with or without sureties".

Another amendment in Section 437 of CrPC provides that "if the accused had been previously convicted on two or more occasions of a cognizable offence punishable with imprisonment for three years or more but not less than seven years, such person shall not be granted bail". http://timesofindia.indiatimes.com/india/Govt-wants-judges-fined-for-frequent-adjournments/articleshow/20825760.cms 

Husband, 4 family members acquitted in dowry harassment case

Husband, 4 family members acquitted in dowry harassment case

A man and his parents have been acquitted of the charges of murdering and harassing his wife for bringing insufficient dowry by a Delhi court which said it was a case of suicide and false allegations of torture were levelled against them.

Additional Sessions Judge (ASJ) K S Pal also acquitted the man's brother and his wife of the charges of subjecting the woman to cruelty.

While freeing the five family members of Ganesh Nagar here, the court observed that now-a-days, there is a growing tendency adopted by the parents of deceased married woman, who died in her matrimonial house within seven years of marriage due to any reason, to implicate the husband and his relatives by making false allegations of harassment on ground of dowry demands due to their anger and to take revenge.

The court acquitted deceased Vinita's husband Lalit Kumar, his father Soran Singh, mother Ram Murti of the charges of murder, harassment for dowry and destruction of evidence. Lalit's brother Devender and his wife Urmila were acquitted of the charge of harassment.

"Undoubtedly, deceased Vinita committed suicide and there may be so many reasons to commit suicide and every suicide committed by any married woman at her matrimonial home, within seven years of her marriage, does not raise the presumption of dowry death in the absence of any harassment and torture on such married woman for or in connection with dowry demands, soon before her death," the judge said.

According to the police, Vinita was found hanging at her matrimonial house on April 11, 2011 and a case was lodged against her husband and in-laws for harassing and murdering her.

The victim's parents had told the police that Vinita had got married to Lalit in July 2009 and after 15 days of their marriage, the accused had started harassing and torturing her for dowry and were demanding a car.

http://www.business-standard.com/article/pti-stories/husband-4-family-members-acquitted-in-dowry-harassment-case-113062800680_1.html