Supreme Court on Quantum of Punishment in Dowry Case - Dowry Prohibition Act, 1961

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SAVARALA SAI SREE v. GURRAMKONDA VASUDEVARAO & ORS. 

Criminal Appeal No. 5 of 2014 decided on JANUARY 2, 2014 reported in [2014] 1 S.C.R. 1
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Appalled by the grossly inadequate sentence Apex Court remanded back matter to the High Court to determine the quantum of punishment.

Facts : The trial Court convicted the respondents under Section 498-A of the Indian Penal Code, 1860 (for short “IPC) and awarded the sentence of three (3) years and imposed a fine of Rs.2000/- (Rupees two thousand only) and in case of non payment of fine, a further sentence to undergo simple imprisonment for a period of three (3) months. They were also convicted under Sections 3 and 4 of the Dowry Prohibition Act, 1961 (for short ‘Act, 1961’) and imposed a sentence for a period of 3 months each and to pay a fine of Rs.3000/-(Rupees three thousand only) each and in default of payment, they were sentenced to undergo simple imprisonment for a period of one month of each of the offence. 

Statutory Provisions :

Section 3 of the Act, 1961 reads as under:

“3. Penalty for giving or taking dowry – (1) If any person, after the commencement of this Act, gives or takes or abets the giving or taking of dowry, he shall be punishable with imprisonment for a term which shall not be less than five years and with the fine which shall not be less than fifteen thousand rupees or the amount of the value of such dowry, whichever is more.

Provided that the Court, for adequate and special reasons to be recorded in the judgment, impose a sentence of imprisonment for a term of less than five years.”

Findings of Supreme Court :

8. In the instant case, the minimum sentence fixed by the legislature is five years, however, the court in an appropriate case after recording the reason may award the sentence lesser than five years, but the fine shall not be less than Rs.15,000/- or the amount of the value of such dowry, whichever is more.

9. In view of the above, we are not able to understand as under what circumstances without recording any reason whatsoever it was permissible for the trial Court to award the sentence less than five (5) years. Awarding of punishment of 3 months by the trial Court was hopelessly disproportionate particularly in view of the fact that no mitigating circumstance has been pointed out by the trial court. The High Court failed in its duty to take up the matter in its revisional power under Section 401 r/w Section 386(e) of the Code of Criminal Procedure, 1973 and enhance the punishment commensurate to the offence committed by them. We are appalled that the High Court reduced the sentence to four days.

Reliance placed on :

1. State of U.P. v. Shri Kishan, AIR 2005 SC 1250 on just and proper sentence

2. State of Rajasthan v. Vinod Kumar, AIR 2012 SC 2301 on minimum sentence provided under the statute

3. Ram Sanjiwan Singh & Ors. v. State of Bihar, AIR 1996 SC 3265 on exercising the discretion in the exception clause