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The expression “soon before her death” in Section 304-B of Penal Code, 1860 must be read as an expression of continuity of time and not an expression of mere length of time. The legislature in its wisdom had used the phrase as “soon before” and not “immediately before”.
Despite having multiple opportunities to report the alleged acts, complainant remained silent. Her complaint came only after the pregnancy was discovered. The Court stated that these facts lend credence to the possibility that the FIR was a reaction to social pressure and the nature of the relationship was re-cast retrospectively to explain an unwanted pregnancy.
Such matters are now filed in the heat of the moment on advice of counsel by exaggerating and misconstruing actual events. However, this does not mean that genuine cases of harassment didn’t exist, and it is not blind to the ground reality of the deeply rooted social evil of greed for dowry.
Mahesh Langa is a senior journalist who is working for The Hindu as the Joint Editor. He is currently embroiled in controversy regarding an alleged GST fraud case.
The Institute of Constitutional and Parliamentary Studies organised the two-day training programme on New Criminal Laws for Officials of Ministries, Lok Sabha, Rajya Sabha and Legislative Assemblies.
“Persons who indulge in forgery and fabrication, especially, in respect of documentary evidence which relied upon heavily that too in order to obtain an ex-parte inunction cannot be allowed to go scot-free.”