On Tuesday, the Kerela High Court dismissed an application filed in the Vismaya Dowry Death Case by the convict Kiran Kumar. The application seeked for an interim order for suspension of his 10-years sentence. The bench while dismissing the application stated that even if there was no demad of dowry before or at the time of marriage, a subsequent demand made is sufficient to attract the definition of “dowry” u/s 2 of the Dowry Prohibition Act, 1961.
The division bench of Justice Alexander Thomas and Justice Sophy Thomas expressed concern about the gwrowing atrocities against women in their matrimonial homes and harrassment for dowry and stated that “while enacting section 304B of the Indian Penal Code, the legislature strongly intended to curb the social evil of dowry. Section 2 of the Dowry Prohibition Act section 304B of the IPC was enacted w.e.f 19.11.1968, and section 113B, i.e., presumption as to dowry death was introduced in the Indian Evidence Act, 1872 on the same day. So the Legislative intent in bringing out these amendments in all the three statues simultaneously will show the strong desire to eradicate the social evil of dowry death from society using the iron hands of law”
The prosecution in the case in hand had stated that the appellant demanded dowry from Vismaya, a 23-year-old Ayurveda medical student and abetted and instigated her to commit suicide. The court after considering the evidence and testimony of the witnesses observed that even if there was no demand for dowry, prior to the marriage, a subsequent demand by the appellant would clearly show that after the marriage, he was abusing and assaulting the deceased on account of the car given and the deficit of gold ornaments given from her family.
The court pointed out that the definition of dowry u/s 2 of the Dowry Prohibition Act, 1961 indicates that any property or valuable security, either given or agreed to be given, directly or indirectly, by one person or party to another person or party at or before, or any time after the marriage in connection with the marriage of the said parties- is dowry.
Case Title: Kiran Kumar S v. State of Kerala & Anr.
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