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The Calcutta High Court has held that in-laws harassing a woman for her 'dark complexion' adds up to cruelty under Section 498A of the Indian Penal Code (IPC).
The bench, including Justices Sahidullah Munshi and Subhasis Dasgupta observed: “Causing cruelty to the deceased victim for her black complexion even after her marriage by the in-laws’ members would definitely attract Section 498A and 34 IPC against the in-laws’ members, including the accused husband.”
The court mentioned the objective fact while hearing an appeal, challenging the conviction of a man and his parents for oppressing and harrassing his 20-year-old spouse to remorselessness and killing her consequently.
"... this cannot be invariable rule that parent would immediately lodge a complaint immediately after knowing commission of cruelty upon their daughter, ignoring possibilty of reconciliation mutually. It is ordinary conduct that parents would prefer to persuade their daughter ignoring the torture, and the cruelty for the future benefit of their daughter.”
- Calcutta High Court
They were sentenced in March 2006 under segments 498A (husband or his relative subjecting a woman to cruelty), 302 (murder) and 34 (acts done by several people in furtherance of a common intention) of the IPC. The court had condemned them to life detainment that year.
The father in-law had, be that as it may, died while the appeal was pending.
The court maintained the spouse's conviction, however vindicated the in-laws from the murder allegations.
This was after the court noticed that the relative was discovered crying close to her daughter in-law's body.
“The person committing homicidal death would ordinarily leave the place of occurrence anticipating the consequence. When mother-in-law/accused was found to remain present in her own house, even after the crime was over, and seen crying taking the dead body of her daughter-in-law, such post conduct of accused/mother-in-law is a strong fact requiring due consideration, as focused by the learned advocate for the appellant,” the court observed.
Be that as it may, both the spouse and the in-laws were held liable under Section 498A, with the court saying there was “sufficient evidence to show that the victim received oppression, ill- treatment, torture, cruelty in her in-laws’ house by her in-laws’ members for her black complexion”.
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