The Rajasthan High Court's Jodhpur bench recently upheld the discharge of a woman, Amina, accused of dowry harassment and abetment to suicide in connection with the death of her sister-in-law, Bilkeesh Bano.

The court dismissed a revision petition challenging the order of the Additional Sessions Judge, Rajgarh (Churu), which had acquitted Amina, ruling that familial quarrels alone do not amount to dowry-related cruelty.

Justice Arun Monga, presiding over the case, found that the disagreements between Amina and the deceased were typical domestic disputes, falling short of constituting cruelty under Section 498-A of the Indian Penal Code (IPC). The court also noted the absence of any evidence linking Amina to acts of dowry harassment or abetment.

Bilkeesh Bano, married to Wahid Hussain, died on August 14, 1998, after complaining of stomach pain. Following her death, an inquiry under Section 174 of the Criminal Procedure Code (CrPC) was conducted by the Sub-Divisional Magistrate (SDM) of Churu, leading to an FIR against Amina under Sections 498-A and 302 (murder) of the IPC. Bilkeesh’s father alleged that Amina had poisoned his daughter.

The Additional Sessions Judge, Rajgarh, however, discharged Amina from all charges in 2002, citing insufficient evidence. In the recent petition, Bilkeesh's father contested this discharge, arguing that the SDM's inquest findings hinted at dowry harassment and demanded the reopening of trial proceedings.

The High Court rejected the plea, siding with the prosecution’s stance that no credible evidence of dowry demands or hostility between Bilkeesh and Amina had been produced. Additionally, the delay of nearly two years in leveling accusations against Amina further weakened the case.

The court, after examining the case, observed that the prosecution failed to provide any evidence linking Amina to dowry harassment or cruelty. The court noted : “The impugned order (passed by the Sessions Court) is inter alia based on the reasoning that there is no evidence to show that the accused, Amina, harassed Bilkeesh Bano for dowry or treated her cruelly. The prosecution's evidence indicates that Bilkeesh's husband and mother-in-law neither demanded dowry nor had a strained relationship with her. Amina's act of merely having Bilkeesh visit her house and engaging in quarrels does not amount to cruelty for dowry. As for the charges under Sections 306 and 302 IPC, the statements alleging that Amina poisoned Bilkeesh were made nearly two years after the incident and lacked corroboration.”