The Hindu : Deal firmly with offences against women: SC

Online edition of India's National Newspaper
Wednesday, Nov 06, 2002

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Deal firmly with offences against women: SC

By J. Venkatesan

NEW DELHI NOV. 5. The Supreme Court has directed the trial courts in the country to deal firmly with the offenders of crime against women so that it would have a deterrent effect on offenders.

The court pointed out: "the legislature has by amending the Penal Code and the Evidence Act made penal law more strident for dealing with and punishing offences against married women. Such strident laws would have a deterrent effect on the offenders only if they are so strikingly implemented by law courts to achieve the legislative intent''.

A three-judge bench comprising Justice M.B. Shah, Justice K.G. Balakrishnan and Justice D.M. Dharmadhikari, which gave this direction, increased the punishment awarded to a husband from two to five years, holding that he drove his wife to commit suicide.

The Bench also directed the accused, husband to pay a fine of Rs. 20,000 to be paid as compensation to the parents of the deceased, in default to undergo imprisonment for one more year.

The case of the prosecution was that K. Prema S. Rao and his parents were responsible for driving the wife of Rao to commit suicide due to their harassment. The trial court, however, held that only an offence under Sec. 498 A IPC (cruelty) was made out and acquitted them of offence under Sec. 304 B (dowry death) and awarded two years imprisonment to them and a fine of Rs. 500 each.

On appeal, the Andhra Pradesh High Court acquitted the parents and confirmed the sentence passed against the husband. The special leave petitions are directed against this judgment.

The apex court agreed with the High Court that an offence under Sec. 304 B IPC was not made out.

However, the Bench said an offence of abetment of committing suicide punishable under Sec. 306 IPC was clearly made out against the husband and held that he was found to have harassed his wife to such an extent as to drive her to commit suicide.

"And sentence of five years imprisonment and a fine of Rs. 20,000 would be a proper punishment'', the Bench said.

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