Delhi court says lack of CCTV, medical evidence no ground to discharge man in cruelty case

A Delhi court has denied the release of a man accused of his wife's dowry harassment and cruelty, asserting that such offenses often occur inside a home, making eyewitnesses or CCTV footage scarce. Additional Sessions Judge Parveen Singh was handling a revision petition from Sunil Sharma, who was contesting an order to charge his wife with cruelty under the law and the Dowry Prohibition Act.

Judge Singh stated that at the time of charging, the complainant's statement's credibility was not to be tested by medical or other corroborative evidence. The wife had accused Sharma and his family of repeatedly beating her and subjecting her to dowry-related abuse after their marriage in December 2015. She had filed a First Information Report (FIR) under provisions of cruelty, criminal breach of trust, and dowry harassment.

Sharma contended that the allegations were ambiguous and lacked medical evidence, eyewitnesses, or CCTV footage. Judge Singh dismissed Sharma's argument about the lack of eyewitnesses and CCTV footage, stating that cruelty offenses are typically committed within the household, making it unlikely to have witnesses or cameras. The court also found no requirement for CCTV footage to corroborate the victim's account.

Judge Singh emphasized that if the accused was to be discharged for one offense, it did not necessarily mean they were entitled to be acquitted for another. The court acknowledged the specific dates and allegations mentioned in the complaint, including beatings in December and September 2016, dowry harassment in September 2017, and a burning allegation in March 2018.

The six-year delay in registering the FIR would be explained by the complainant during the trial, with its impact assessed later. The court subsequently dismissed Sharma's revision petition, finding no flaws in the trial court's order.