The Calcutta High Court ruled that a conviction under Section 304B of the IPC requires clear proof that the deceased woman faced cruelty. There should be proof of harassment related to dowry shortly before her death. Justice Prasenjit Biswas allowed the appeal of two accused. They were previously convicted by a trial court for dowry death and cruelty under Sections 304B and 498A IPC. The court found no evidence of harassment “soon before death” to support the dowry death charge. The deceased had been at her parental home and returned to her matrimonial home just one day before her death. Medical reports confirmed no signs of physical injury, and the witness testimonies lacked consistency. Financial help provided by the victim’s family could not be classified as dowry. Additionally, the court clarified that the presumption under Section 113B of the Evidence Act only applies when all legal ingredients are clearly proven.
Since no evidence linked the accused to cruelty or dowry demands before the death, the court held the conviction unsustainable. The court set aside the trial court’s order and acquitted both appellants. This ruling reinforces that mere proximity of death to marriage is not enough, timely cruelty or harassment must be established.
