PANAJI
In a significant verdict, a family accused of dowry harassment, which allegedly led to the suicide of their newly wedded daughter-in-law way back in 2008, has been acquitted by the Additional Sessions Court, Panaji.
The long-awaited verdict brings closure to the case that saw deposition and cross-examination of around 16 witnesses including two investigating officers.
The case shed light on the dowry-related abuse when young bride Shubhangi Gaonkar allegedly took her own life within three months of her marriage to Samir.
Subsequently, allegations of dowry harassment, cruelty and abetment to suicide were levied against her husband and in-laws, prompting an extensive inquiry at the level of sub-divisional magistrate, police investigation and court trial.
According to the prosecution led by Public Prosecutor Nita Marathe, the accused family kept harassing the victim and demanded money from her for a motorcycle and the construction of a new house. The Gaonkar family threatened her if she did not heed their demand. As per the charge sheet filed in 2010, the neighbours were aware the woman was ill-treated in her matrimonial house.
During the trial, the defense Advocate Deepak Gaonkar presented some evidence and discrepancies in statements to challenge accusations against the accused. The court took into account the significant improvements in witnesses' statements that cast doubt on the veracity of the allegations.
One crucial aspect that emerged during the proceedings was the absence of any prior complaints or records of harassment made by the deceased woman or her family until her unfortunate demise at Sanquelim in February 2008.
“Apart from the complaint lodged by PW 1 (elder brother of the victim), there is no other complaint regarding the harassment of the deceased. If there was harassment and ill-treatment to the deceased prior to the incident, it is obvious that family members will take the initiative to lodge any complaint, but in this particular case, there is no any such complaint. So doubt arises in the case of the prosecution that if there was complaint about the harassment and abatement to suicide,” reads an extract of the 41-page order pronounced by Additional Sessions Judge (Fast Track Court-2) Shabnam Shaikh.
Pointing out to ‘the admitted fact that the incident occurred within seven years of marriage’ and ‘the deceased committed suicide’, the Court also observed that the prosecution did not prove that the accused subjected the deceased to cruelty beyond a reasonable doubt. Hence, in the order on May 9, the Court acquitted the accused of charges under sections 498-A (husband or relative of husband of a woman subjecting her to cruelty), 306 (abetment to suicide) read with 34 (common intention) of the Indian Penal Code.
