New Delhi, A Delhi court has refused to discharge a man facing prosecution for allegedly subjecting his wife to dowry harassment and cruelty, saying that such offences are often committed within the four walls of a house and may not have eyewitnesses or CCTV camera footage.
Court Reviews Charges Against Sunil Sharma
Additional Sessions Judge Parveen Singh recently heard a revision petition from Sunil Sharma, who is contesting an order that directed the framing of charges against him. The charges relate to alleged cruelty by a husband or his relatives, as well as violations of the Dowry Prohibition Act.
In an order dated August 13, the court addressed a key argument from Sharma’s defense regarding the lack of medical evidence to substantiate the complainant’s claim of physical abuse. The court clarified that at this preliminary stage of the proceedings, the validity of the complainant’s statements does not require corroboration through medical evidence or other forms of proof.
It also held that there was no requirement of CCTV camera footage to corroborate a victim’s statement. Sharma’s wife had alleged that soon after their marriage in December 2015, she was harassed by him and his family members. The judge noted that the complaint contained specific allegations and dates, including alleged beatings in December 2016 and September 2016, dowry-related harassment in September 2017 and an allegation that the husband and his family tried to burn her in March 2018.
Rejecting the argument about lack of eyewitnesses and CCTV footage, the court said offences under the cruelty provision are committed “within the four walls of a house” and, therefore, eyewitnesses are often unavailable.
Court Clarifies Standards for Framing Charges
The court has clarified that during the initial phase of framing charges, it is sufficient to determine whether the available evidence presents a prima facie case. The court emphasized that the credibility of the complainant’s claims does not need to be substantiated by medical or other corroborative evidence at this stage.
