The Delhi high court has directed a sessions court to conduct a trial afresh in a six-year-old dowry death case after taking a serious view of the lower court which had acquitted three members of a family without recording the testimony of the complainant in the case.
Justice P.K. Bhasin said, “I have no manner of doubt that this case falls in that category of cases where it can be said that there has been a gross miscarriage of justice.”
The court set aside the December 2009 judgment passed by the additional sessions judge (ASJ) acquitting the accused persons, including the husband of the victim.
The court passed the order after hearing a petition filed by Phool Chand, the father of the deceased and also the complainant, challenging the trial court order refusing to record his testimony on the ground that he failed to appear as and when it summoned him for recording of evidence.
Taking note of the conduct of the trial court, the HC said, the ASJ had raised some doubts on the medical certificate produced by the complainant expressing his inability to appear before it due to sickness.
“There was no cogent reason given by the trial court, however for doubting the genuineness of the medical certificate and in any case if it had any, the same could have been verified instead of closing the prosecution evidence without the complainant,” the court observed.
Phool Chand, in his complaint alleged that his daughter, Sushma and her daughter Tanu were allegedly burnt to death in 2004 by his son-in-law Pawan Kumar and his family members as he could not meet their dowry demands at the time of marriage.