Dowry case: Plea of 85-yr-old rejected
Additional Sessions Judge Kaveri Baweja dismissed the woman’s plea that it was not possible to commit the offence at her age saying that detailed scrutiny of evidence is not required at the stage of framing of charges to begin the trial. The court also allowed the prosecution of the accused’s daughter for harassing and torturing her daughter-in-law.
After perusing allegations and preliminary evidence against the two women, the judge said, “It is a well settled law that at the stage of consideration of charge, the court has to prima facie consider the material on record.”
85-year-old Bishni Devi and her daughter Munesh (36) had moved the court challenging the framing of charges against them under section 498A IPC by a magisterial court on the complaint of 35-year-old Kamlesh, who was married to Bishni Devi’s son.
“A bare perusal of the record and submissions reveal that complainant Kamlesh made various allegations of beating, harassment at the hands of petitioners Bishni Devi and Munesh. She has also alleged that her dowry articles and jewellery have been taken away by Bishni Devi,” the court said.
The complainant was married to Bishni Devi’s son in 2000. She alleged that Bishni Devi used to make dowry demands, beat her up and instigate her husband against her. She told the court that her sister-in-law Munesh also used to taunt her for bringing insufficient dowry. Her jewellery and dowry articles have been taken away by her husband and his relatives, and she was forcibly thrown out from the matrimonial home after having been beaten up, the complainant told the court.
In her appeal to the sessions court, Bishni Devi said the trial court had failed to consider that at her age it was not possible for her to harass her daughter-in-law for dowry. Her daughter and co-accused Munesh also pleaded innocence. But the sessions court upheld the magisterial court’s order and directed both of them to appear before it on June 4 to face trial.