Amid a raging controversy over the death of model-turned-actor Twisha Sharma — found hanging at her house in Bhopal on May 12 within months of her marriage, the Supreme Court on Monday said if an offence takes place in a house, inmates have to explain how the victim succumbed.
“It is well settled that if an offence takes place inside the privacy of a house, though the initial burden to establish the case would be on the prosecution, there will be a corresponding burden on the inmates of the house to give a cogent explanation as to how the victim succumbed," a Bench of Justice Prashant Kumar Mishra and Justice KV Viswanathan said.
The Bench upheld the conviction and life sentence of Gour Acharjee for the June 16, 2007 murder (Section 302 IPC) of his wife Soma Acharjee and subjecting her to cruelty (Section 498A IPC), saying he could not discharge the burden to explain the injuries on the deceased by offering a plausible explanation.
Dismissing the appeal of Gaur Acharjee, the top court directed the Tripura DGP to immediately constitute a team to trace the absconding husband and take him into custody immediately.
Writing the judgment for the Bench, Justice Viswanathan cautioned parents against forcing their daughters to continue in abusive marriages for fear of societal opprobrium and a possible compromise.
“Every time she raised the issue, efforts were made only to effect a patch-up and send her back to the matrimonial home. Village elders were involved and even resolutions were passed after effecting a purported compromise. Victim’s near and dear ones naively believed that somehow the situation will turn for the good. A false sense of optimism engulfed them. Their hopes were betrayed when the victim met with a tragic end at her house. Hopefully, the story of her life will be an eye-opener for many,” the Bench said.
Within days of her marriage, Soma was subjected to immense torture on account of the demand for dowry and she repeatedly made entreaties to her parents to save her and even came to her parental home and stayed with them for a few days, it noted.
Every time she raised the issue, efforts were made only to effect a patch-up and send her back, the top court said, adding village elders were involved and even resolutions were passed after effecting a purported compromise.
Terming the case an eye-opener for many, the Bench wondered, “Could the life of young Soma Acharjee have been saved? Did the fear of societal opprobrium result in Soma being thrown to the wolves? These questions will remain hypothetical."
Earlier, both the trial court and the high court had categorically held that it was the husband who was in the dwelling unit with the deceased when she was found dead.
“The medical opinion clearly points to simulated hanging or homicidal hanging. It was the bounden duty of A-1 to put forward a reasonable and probable cause of her death and also to explain the injuries which the deceased sustained before her death," the Bench said, adding the doctor’s evidence and the post-mortem report had been rightly accepted by the courts below to conclude the homicidal nature of the death.
