SC to examine scope of ‘demand for dowry’
Posted by 498A_Crusader on June 23, 2007
New Delhi: The Supreme Court on Monday decided to examine the scope of ‘demand for dowry’ under the Prohibition of Dowry Act, namely whether mere demand will constitute an offence even if the ‘demand for dowry’ was dropped subsequently.
In the instant case, the allegation against Manohar Lal was that in May 1986 he demanded a refrigerator and scooter from the bride as a condition for marriage. After the intervention of elders, the demand was dropped and he agreed to marry the girl. But the girl refused to marry him.
However, a complaint was filed under Section 4 of the Prohibition of Dowry Act against Manohar Lal, his father and brother.
Acquitted in 1990
The trial court in December 1990 acquitted the three holding that the offence was not completed in view of the dropping of the demand and breakdown of the marriage.
However, by an order dated August 22, 2006, the Madhya Pradesh High Court, while upholding the acquittal of Manohar Lal’s father and brother, convicted Manohar Lal to undergo six months imprisonment.
The present appeal is directed against this judgment.
Manohar Lal, meanwhile, got married to another person and had five children. Since he was arrested in pursuance of the judgment to undergo the sentence, he pleaded for grant of bail.
Bail
A vacation Bench of Justice Arijit Pasayat and Justice P.P. Naolekar accepted his plea and ordered his release on bail and decided to examine the larger question raised by him, namely what would constitute an offence under Section 4 of the Act.
In his appeal, Manohar Lal contended that he had not committed an offence as the demand for dowry was dropped and the marriage did not take place.
He also submitted that the High Court had failed to note that the alleged offence was not complete as he was prepared to marry the girl without dowry and only the girl refused to marry him.
He sought quashing of the impugned judgment and to release him on bail pending disposal of the appeal.
