Allahabad HC Fines State Rs 2 Lakh for Vexatious Appeal Against Dowry Death Acquittal
The Allahabad High Court recently dismissed a State appeal against the acquittal of a man accused of dowry death, observing that the case lacked legal merit and was pursued in a “cursorily” manner. Court not only upheld the trial court's verdict but also imposed Rs. 2 lakh as compensation on the State for prosecuting the accused without sufficient grounds.
The division bench of Justices Avnish Saxena and Siddharth held that the government had failed to establish any compelling reason to interfere with the acquittal of Dhirendra Kumar, who was earlier cleared of all charges related to the suicide of his wife, Pinki Kumari.
Pinki had died by suicide on March 7, 2022, just eight months after her marriage. Her brother, who lodged the FIR, alleged that she was harassed for dowry, denied food and educational expenses, and was disowned by her husband despite being two months pregnant.
However, the trial court found significant inconsistencies in the prosecution's case. It noted that the post-mortem report did not confirm pregnancy, and that the key witnesses, Pinki’s mother and brothers, failed to provide credible evidence regarding any specific dowry demand. Moreover, the court pointed out that the accused had supported Pinki’s higher education, including her M.Ed. studies at Kumaun University.
A suicide note left by the deceased, was recovered from the scene and verified by forensic examination. In it, Pinki expressly stated that no one, neither her husband, nor her in-laws, nor her own family, should be held responsible for her death, attributing her suicide instead to stress from studies.
Citing the note as a valid dying declaration under Section 32 of the Indian Evidence Act, both the trial and appellate courts gave it full evidentiary weight.
The bench further criticised the State’s decision to appeal the acquittal, stating that government appeals in such cases must be filed with caution, especially when a person’s liberty is at stake. “We have noticed in this case, the cursorily way in which the government appeal is being filed, without considering the judgment, the evidence on the trial court record, the appreciation of evidence in the judgment and sustainability of application for leave," court remarked.
It underscored that "the scope of appeal in the case of acquittal of accused after a full trial cannot be challenged in appeal in a routine manner".
"Therefore, we are of staunch view that the State before issuing direction to public prosecutor to present this appeal in case of acquittal has not applied it’s judicial mind. Unconsiderate to the fact that life and liberty of the accused, who is enjoying double presumption of his innocence in a criminal case, has been twice at jeopardy and hence, would be suitably compensated," court concluded.
Court directed the State to pay Rs. 2 lakh to Dhirendra Kumar within 30 days, terming it “just and proper compensation for vexatious criminal prosecution".
Case Title: State of U.P. vs. Dhirendra Kumar S/O Nand Kishor Jaiswal
Judgment Date: July 18, 2025
Bench: Justice Avnish Saxena and Justice Siddharth