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The Delhi High Court has issued notice in a bail cancellation plea moved by the father of a deceased woman who was the Ex-Counsellor of Delhi Commission for Women in a dowry death case.

The order was passed by the single judge bench of Justice Manoj Kumar Ohri on an appeal filed by Rohtash Singh, father of the deceased who has alleged that "young and educated daughter of the petitioner during her second month of pregnancy became a victim of dowry death on Nov 18, 2018, within merely four and a half months of her marriage at the hands of her husband and in laws."

The woman's husband and in-laws face allegations under S. 302/ 304B/ 498A/ 34 IPC in a case of dowry death.

The petitioner has submitted that the  trial court placed unwarranted reliance on the purported clarifications rendered by the investigating officer, over and above the comprehensive findings of the reports submitted by the board of doctors dated May 6, 2019 and subsequent report dated June 19, 2019 which itself cumulatively lead to an irresistible conclusion of the death being homicidal in nature.

The petitioner has further submitted that “it is shocking to see that the Ld. Trial Court in its impugned order gave his observation upon the nitty-gritty and the credibility of the medical reports without even waiting for the concerned doctors/ medical experts to appear before the court and give their deposition. More particularly, the law is well settled on this point that the domain of the medical opinion is the field exclusively reserved for medical expert.”

It has been submitted that Trial Court giving a value judgment on one report over the other was “palpably erroneous and unsustainable”, when the final report was based on more comprehensive nature of the documents.

The petitioner has submitted that the nature of the offence and the gravity of the allegations made against the Accused Persons in the FIR are of very a serious nature and the maximum punishment in case of murder is life Imprisonment or death and yet one of the prime accused persons, the husband of the Victim was granted bail by the Trial Court.

Case Title: Rohtash Singh vs State NCT of Delhi and Ors