The Jharkhand High Court recently ruled that refusing to provide medical aid to a wife to enforce a dowry demand amounts to cruelty under Section 498A of the Indian Penal Code (IPC).
A bench led by Justice Ambuj Nath upheld the conviction of Sanjay Kumar Rai, finding him guilty of subjecting his wife, Neelam Devi, to cruelty for dowry. The case involved three criminal revision petitions:
- A plea filed by the victim, Neelam Devi, who was later replaced by her father, Ram Kripal Singh, after her death.
- A petition by Sanjay Kumar Rai, challenging his conviction under Section 498A IPC.
- A plea by the victim’s father contesting the acquittal of her brother-in-law, Bhageshwar Roy.
Case Background:
According to the prosecution, Neelam Devi married Sanjay Kumar Rai in June 2006. She alleged that her in-laws tortured her in the absence of her husband. When she informed her husband, he demanded a car as dowry. Later, she was forced out of her matrimonial home, and her in-laws made her sign blank papers.
She further stated that when she was diagnosed with cancer, her husband refused to provide medical treatment, claiming her father had not given enough dowry to cover her expenses.
Court’s Observations and Verdict:
The court reviewed the evidence, witness testimonies, and case details. It noted that general allegations of torture were made against the in-laws without specific details or injuries to support the claims. Due to insufficient evidence, the High Court upheld the lower court’s decision to acquit them.
Regarding Sanjay Kumar Rai, the court found that denying his wife medical treatment to pressure her family for dowry was an act of cruelty under Section 498A IPC. Both the Trial Court and the Appellate Court had convicted him, and the High Court upheld the verdict, dismissing his revision plea.
Conclusion:
The judgment reinforces that refusing essential care to a wife as a means to demand dowry constitutes cruelty under the law. The case highlights the serious consequences of dowry-related offenses and the importance of legal protection for victims of domestic abuse.
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