Supreme Court Suspends Husband Kiran Kumar’s 10-Year Sentence
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Immediately, On 2nd July, The Supreme Court docket suspended the trial courtroom’s 10-year sentence given to Kiran Kumar within the dowry-related demise of his spouse, Vismaya. The 24-year-old Ayurveda pupil was discovered hanging in her husband’s home in 2021.
New Delhi: The Supreme Court docket suspended the trial courtroom’s 10-year sentence in opposition to Kiran Kumar in reference to the dowry-related demise of his spouse, Vismaya.
Bench, consisting of Justice M M Sundresh and Justice Okay Vinod Chandran, suspended the jail sentence and granted bail to Kiran Kumar, who was convicted of abetment to suicide and dowry demise of his spouse, Vismaya V Nair.
In Could 2022, the trial courtroom discovered Kumar responsible beneath Part 304B (dowry demise) of the Indian Penal Code, amongst different costs, and sentenced him to 10 years in jail.
The Kollam Extra Classes Court docket discovered him responsible and sentenced him to 10 years in jail. Vismaya, 24, was found hanging within the lavatory of Kiran Kumar’s home in Sasthamkotta, Kollam district, on June 21, 2021, shortly after their marriage on Could 31, 2020.
Kumar later appealed to the Kerala Excessive Court docket to contest his conviction and sentence. Whereas his attraction continues to be pending, the Excessive Court docket dismissed his utility to droop the sentence in December 2022.
Immediately, apex Court docket bench granted Kumar’s attraction in opposition to the Excessive Court docket’s ruling and ordered his launch on bail.
Also Read: SC Upholds Testimonies of Dowry Death Victims’ Relatives
Vismaya, a 24-year-old Ayurveda medical pupil, was found hanging from the toilet window of Kumar’s house on June 21, 2021.
Kumar was arrested following a grievance from her mother and father and brother, who alleged that he had tortured and harassed her over dowry calls for. A former Assistant Motor Automobile Inspector, Kumar was subsequently dismissed from his place.
Simply days earlier than her demise, Vismaya had despatched photographs of bruises and accidents to her kinfolk by way of WhatsApp, claiming that she was being harassed by her husband for dowry.
Her household shared screenshots of those WhatsApp messages and voice notes after her demise.
Kumar confronted costs beneath Sections 498A (cruelty in opposition to a lady for dowry), 306 (abetment of suicide), and 304B (dowry demise) of the Indian Penal Code, in addition to Sections 3 and 4 of the Dowry Prohibition Act, 1961.
1. Part 304B IPC (Dowry Loss of life)
- Punishment: 10 years imprisonment
- If a lady dies beneath suspicious circumstances inside 7 years of marriage and it’s linked to dowry calls for, it’s thought of a dowry demise. The husband or in-laws could be punished.
2. Part 306 IPC (Abetment of Suicide)
- Punishment: 6 years imprisonment and Rs.2 lakh fantastic
- If somebody encourages or pushes one other particular person in direction of suicide, it’s a criminal offense. On this case, the courtroom believed the husband’s actions led to his spouse taking her personal life.
3. Part 498A IPC (Cruelty by Husband or Kinfolk)
- Punishment: 2.5 years imprisonment and Rs.50,000 fantastic
- If a husband or his household mentally or bodily harasses a lady for dowry, they are often punished beneath this part.
4. Part 3 of Dowry Prohibition Act (Taking Dowry)
- Punishment: 6 years imprisonment and Rs.10 lakh fantastic
- Demanding or accepting dowry (cash, items, property) throughout or after marriage is illegitimate. Right here, the courtroom discovered he took dowry.
5. Part 4 of Dowry Prohibition Act (Demanding Dowry)
- Punishment: 1 12 months imprisonment and Rs.5,000 fantastic
- Even asking for dowry is a punishable offence beneath this legislation.
She reportedly sustained these accidents from bodily abuse by Kumar and his household resulting from their dissatisfaction with the “items” acquired throughout their marriage ceremony.
