‘Delay in FIR not ground for acquittal in dowry deaths’

Delay in registration of FIR in heinous crimes like dowry harassment leading to death of the wife or abetment by husband to commit suicide is not a ground for acquittal in all cases, the Supreme court has held.

Giving this ruling, a bench of Justices Deepak Misra and Shiva Kirti Singh said, “It will be useful to remember that delay in lodging the FIR or complaint is not fatal in all cases. The court must show some sensitivity in cases of present nature (dowry death) where the victim’s closest relation, her mother, is a poor helpless lady. Even a well-to-do person may suffer a state of mental confusion when struck by such a tragedy. The prosecution in such cases is likely to be delayed further if the deceased has left behind children. The issues relating to their safety and custody often require higher priority.”

The bench also said that the occurrences of the present nature require lodging of criminal case against persons who are already related by virtue of matrimonial ties through the deceased and it is not always easy to take a decision whether to lodge a criminal case against a relation.

The appellant Satish Shettyappellant and both his parents were acquitted for offences punishable under Sections 3, 4 and 6 of the Dowry Prohibition Act and under Sections 498-A and 304-B of the Indian Penal Code (IPC) on the only ground that there was delay in filing FIR. The Karnataka High Court, however, sentenced the appellant for three years imprisonment and confirmed the acquittal of his parents. The present appeal is against the judgment. The apex court dismissed the appeal and confirmed the conviction with a direction to the appellant to surrender to serve out the remaining period of sentence.