High Court Acquits Husband in Dowry Death Case: Inconsistencies in Witness Testimonies and Delay in FIR as Key Factors

In a landmark judgment yesterday, the Gauhati High Court overturned the conviction of Sibu Sarkar, previously sentenced to life imprisonment under Section 302 of the Indian Penal Code for the alleged murder of his wife. The Bench, comprising Honourable Mr. Justice Kalyan Rai Surana and Honourable Mr. Justice Mridul Kumar Kalita, delivered a judgment that highlighted significant inconsistencies in witness testimonies and an unexplained delay in the filing of the FIR.

The High Court observed, “The delayed lodging of the FIR, in itself, raises a doubt regarding the veracity of the allegations leveled against the present appellant in the FIR.” This observation was central to their decision, emphasizing the importance of prompt and consistent reporting in legal proceedings, especially in criminal cases.

The judgment meticulously dissected the testimonies, particularly scrutinizing the reliability of a key child witness, PW-6, the daughter of the appellant and the deceased. The court noted material contradictions in her statements at different investigation stages, raising concerns about the possibility of her being influenced or tutored.

Another pivotal aspect of the case was the dying declaration of the victim, which suggested the fire was accidental. The court found that this crucial piece of evidence had not been given due weight by the Trial Court. The appellant’s legal representative, Mr. S.S.S. Rahman, argued effectively on these points, leading to a significant shift in the case’s direction.

The prosecution, represented by Ms. B. Bhuyan, Additional Public Prosecutor, and Ms. P. Bora, Advocate, argued for upholding the conviction, citing the initial Trial Court’s findings. However, the High Court’s judgment prioritized the inconsistencies and procedural delays that cast doubt on the conviction’s foundation.

This acquittal has sparked discussions among legal circles about the critical role of accurate and prompt FIR lodgment and the treatment of child witness testimonies in criminal trials. The judgment also serves as a reminder of the judicial system’s commitment to ensuring that justice is served based on thorough scrutiny of all available evidence.          

Date of Decision: November 18, 2023

SIBU SARKAR VS THE STATE OF ASSAM AND ANR.