New Delhi, March 30 A Delhi court has acquitted a man accused of causing his wife's death by dowry and cruelty, citing a lack of reliable evidence and hostile testimonies from key prosecution witnesses.
However, the court found the man guilty under Section 174A of the IPC after finding that he was declared a proclaimed offender in December 2016 for failing to appear in court despite proper legal proceedings.
While hearing a case against Zakir Hussain, accused of charges under IPC sections 498A (cruelty by husband) and 304B (dowry death), Additional Sessions Judge Swati Gupta acquitted the accused, saying the prosecution failed to prove the allegations beyond a reasonable doubt.
“In the facts of this case, there is no material whatsoever to even mildly suggest that the accused instigated the deceased to commit suicide by any instigation or active act or omission,” the court said.
According to the prosecution, Hussain's wife, Noor Saba, allegedly attempted suicide at her residence in Uttam Nagar in July 2015. She later died during treatment at a hospital.
The couple got married on August 9, 2014.
Noor's father had initially alleged that his daughter was mentally harassed by her husband and that a demand of Rs 10 lakh was made for opening a shop.
He also claimed that the accused demanded money and taunted her over dowry articles.
During the trial, however, he did not support the prosecution's case and was declared hostile.
“This court has not an iota of doubt in holding that the prosecution has failed to prove its case against the accused, Zakir Hussain, by leading convincing or cogent evidence. The prosecution has failed to discharge the burden placed upon it,” the judge said.
In his testimony before the court, Noor's father said the accused had never demanded money or dowry from him and that his daughter had not complained about any harassment after he declined financial help for opening a furniture showroom.
Other relatives, including Noor's sister-in-law and cousin brother, also failed to support the prosecution's allegations of dowry harassment or cruelty in their testimonies.
The court noted that the prosecution’s main witnesses turning hostile weakened the case and that there was no convincing evidence to prove cruelty, dowry demand, or harassment “soon before the death”.
“It is the requirement of Section 304B of the IPC that the deceased must have been subjected by her husband, or relatives of the husband, to cruelty or harassment for, or in connection with, any demand for dowry, soon before her death,” the court said.
The judge also examined whether the accused could be held liable for abetment to suicide under Section 306 of the IPC, but found no material on record to suggest that he had instigated or aided the deceased in taking her life.
