KOCHI: The Kerala high court on Tuesday declined to suspend the 10-year jail term awarded to Kiran Kumar S by a trial court in the alleged dowry death case of Vismaya.
A division bench comprising justices Alexander Thomas and Sophy Thomas considered an application (Crl. MA No. 1/22 in Crl. A. No. 694/22) filed by 31-year-old Kiran Kumar S of Ambalathumbhagom near Poruvazhi in Kollam.
The court said if the nature of accusation, seriousness of the offence, and its social impact are taken into consideration, it is not a fit case warranting suspension of sentence. Presumption of innocence is gone with the conviction and sentence and there is no patent infirmity in the order of conviction to render it prima facie erroneous, the court said.
Noting that an appeal filed by Vismaya’s father seeking enhancement of the sentence is also pending, the court said allowing the accused to go on bail by suspending the sentence would send a wrong message to the society.
The offence of dowry death (section 304B) was included in the Indian Penal Code and the offence of presumption as to dowry death (section 113B) was included in the Indian Evidence Act through amendments with the strong intent to eradicate the social evil using the iron hands of law, the court said. Atrocities against women in matrimonial homes are on the rise and women committing suicide unable to bear the cruelty and harassment on demand of dowry are also rampant, the court noted.
Further, the court said the contention of the appellant that the suicide was as her father did not respond to her messages or due to failing to get pregnant are not sufficient enough, in normal human parlance, for a 23-year-old girl to end her life.
