Wrongly Convicted Database Record

 

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Indian Son

 

Charge:

Dowery Death (Death by persons demanding dowery)

Sentence:

7 years

Years Imprisoned:

5

Year Crime:

1991

Year Convicted:

2014

Year Cleared:

2019

U.S. State or Country of Crime:

India

County or Region of Crime:

Uttarakhand

City of Crime:

Result:

Judicially Exonerated

Summary of Case:

"An Indian father and son were wrongly convicted of dowry death in the Indian state of Uttarakhand. Their prosecution under Section 304 B (dowry death) of the Indian Penal Code was based on the suicide death (by burning to death) of the son's wife after seven years of marriage. She died on May 6, 1991 in the family home. They were acquitted by the trial court, and the state appealed. After reviewing their case the Uttarakhand High Court set-aside the trial court's acquittal and found the duo guilty. They were sentenced to seven years in prison. They appealed. In July 2019 India's Supreme Court reversed the High Court's ruling and ordered the acquittal of the duo on the basis the prosecution failed to introduce evidence proving two essential elements of "dowry death." They were ordered freed from custody. The Court's ruling noted there was nothing in the record to even suggest the woman was tortured for dowry, or even harassed for additional dowry from her family. Regarding the HIgh Court's conviction of the two after their acquittal in the lower court, the Supreme Court's ruling stated: “High courts should overturn the judgments by trial courts only in extraordinary circumstances and not by reading the evidence in a particular manner. After all, at stake for the accused are priceless rights to liberty, reputation and the right to life, not only of himself but also his family members.”"

Conviction Caused By:

Innocence Proved By:

"In July 2019 India's Supreme Court reversed the High Court's ruling and ordered the acquittal of the duo on the basis the prosecution failed to introduce evidence proving two essential elements of "dowry death.""

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

Information Source 1:

"Father-son duo acquitted by SC in dowry death case after 28 years, By Express News Service, The New Indian Express, July 26, 2019"

Information Location 1:

http://www.newindianexpress.com/nation/2019/jul/26/father-son-duo-acquitted-by-sc--in-dowry-death-case-after-28-yrs-2009491.html

Information Source 2:

"Cruelty not related to Dowry cannot be basis for Conviction under Section 304B IPC: SC, By Sanjeev Sirohi, LegalDesire.com, July 29, 2019"

Information Location 2:

https://legaldesire.com/cruelty-not-related-to-dowry-cannot-be-basis-for-conviction-under-section-304b-ipc-sc/

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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org

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