HC orders retrial of dowry case
TNN, Jan 26, 2011, 02.08am IST

NEW DELHI: Holding that there had been a "gross miscarriage of justice" the
Delhi high court has ordered re-trial in a case of dowry death and murder after
it found the session's court acquitted the accused (a lawyer) without hearing
the testimony of the father and brother of the dead woman.
"In the facts and circumstances of the present case, I have no manner of doubt
that this case falls in the category of cases where it can be said that there
has been a gross miscarriage of justice," a shocked Justice P K Bhasin observed
while sending the case of alleged dowry death of a woman named Sushma and her
young girl Tanu, back to the trial court.
The HC was even more perturbed to note that besides not taking the testimony of
the father and brother of the victim, the trial court hastily went ahead and
acquitted the accused persons even though Sushma's family had challenged before
HC their non-examination as prosecution witnesses.
Sushma got married in 1999 and lived in a village Tauru in Gurgaon district of
Haryana. As per the FIR, on December 2, 2004, it was reported that Sushma and
her young daughter, Tanu, received serious burn injuries due to which both
succumbed. While her husband and his family projected it as an accident,
Sushma's father, Phool Chand lodged an FIR alleging dowry death. When police
belatedly filed the case, it came for trial in the Gurgaon sessions court,
prompting the victim's family to seek a transfer since accused was a practicing
lawyer there. The Supreme Court then transferred the case to Delhi but
curiously, the court permitted the Haryana government to filed its prosecutor
rather than ask the Delhi government to appoint one. "The petitioners feel
doubly hurt. Firstly, because they have lost two very dear ones due to their
inability to fulfill dowry demands of the accused and their other family
members, who have not even been arrested. Secondly, by the denial of justice to
them by the sessions court in Delhi which refused to examine them as prosecution
witnesses," Justice Bhasin noted, slamming the lower court for its approach to
the case.


Read more: HC orders retrial of dowry case - The Times of India
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