“Indeed Women Have Very Large Heart”: As Wife Forgives Husband & In-Laws Who Attempted To Burn Her, Delhi High Court Reduces Sentence

The Delhi High Court has upheld the conviction of a husband, his mother and brother in a case involving an attempt to set a pregnant woman on fire over dowry demands, but reduced their sentence to the period already undergone after noting that the victim had reconciled with her husband and resumed family life with him.“Indeed women have very large heart,” Justice Vimal Kumar Yadav remarked.The Court was deciding appeals against conviction under Sections 307, 498A and 342 read with Section 34 of the Indian Penal Code.According to the prosecution case, the victim was allegedly set on fire in November 2000 at her matrimonial home, over dissatisfaction with dowry. The prosecution alleged that while her mother-in-law and brother-in-law caught hold of her, her husband set her ablaze.The Court noted that the incident was not immediately reported to the police and the victim was not taken to a hospital. Instead, she was shifted to her parental home where she received Ayurvedic and local treatment. At the time of the incident, she was pregnant and later delivered a girl child. The FIR came to be registered in April 2001, several months after the incident.The trial court had convicted all three accused in January 2004 and sentenced them to seven years' rigorous imprisonment for the offence under Section 307 IPC, along with separate sentences under Sections 498A and 342 IPC.Before the High Court, the appellants did not challenge their conviction and confined their arguments to reduction of sentence. Counsel appearing for them submitted that the victim had subsequently reconciled with her husband and was now living happily with him. It was also pointed out that the couple had three more children after the incident.The victim also appeared before the Court along with her husband and brother-in-law and stated that she did not wish to pursue any further action against them. An affidavit to that effect was also placed on record.The Additional Public Prosecutor opposed reduction of sentence, contending that the victim still bore visible burn scars and may also have suffered invisible psychological trauma.While dealing with the issue of sentence, the Court referring to Mahatma Gandhi's quote “An eye for an eye will only make the whole world blind.”The Court noted that despite suffering severe burn injuries, the victim had forgiven her husband and his family members and resumed her matrimonial relationship. The bench also observed that any further incarceration at this stage would disturb the “equilibrium” restored within the family.“To disturb this equilibrium would be detrimental not only to the Appellants herein but for the victim S (redacted) and her five children too.”Accordingly, while upholding the conviction recorded by the trial court, the High Court modified the sentence and held that the period of custody already undergone by the convicts would suffice to meet the ends of justice.Appearance: Mr. Kuldeep Kumar & Ms. Aashaa Tiwari, Advs with Appellant in person; Mr. Mukesh Kumar, APP for State. Mr. Shailesh Chandra Jha, Adv (DHCLSC) for victim / R-2.Case title: Raju v. StateCase no.: CRL.A. 329/2004Click here to read order

“Indeed Women Have Very Large Heart”: As Wife Forgives Husband & In-Laws Who Attempted To Burn Her, Delhi High Court Reduces Sentence

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