Cuttack: Jagatpur police have been caught on the wrong foot for not differentiating between gifts and dowry while investigating into an alleged dowry-related death case.
The case was registered at the Jagatpur police station on December 16, 2017, after Abdul Rahim Khan alleged that his daughter, who got married to Firoz Mahammed on November 12, 2017, had died on December 15, 2017.
Firoz was arrested on December 17, 2017.
After investigation and recording of statements, the police filed the charge-sheet on April 12, 2018.
According to the charge-sheet, the cause of her death was combined asphyxia and venous congestion resulting from hanging and it was a case of suicide.
After the trial court rejected Firoz's bail application, he had moved the high court for bail.
After perusing the case records, the high court felt there was "casual approach" during the investigation and no effort was made to question relevant witnesses to find out the presents which were given either to the bride or bridge groom at the time of marriage without demands having been made and exclude them from dowry.
Justice S.K. Sahoo observed that "a careful approach at the time of investigation is very much necessary not only in the interest of the prosecution but also for a fair trial of the accused and also to arrive at the truth".
Justice Sahoo, however, refused to grant bail to the accused in the case.
While dismissing the bail application on August 1, Justice Sahu in his order directed: "Let a copy of the order be forwarded to the director-general of police in order to intimate inspector in charge/officer in charge of all the police stations of the state of Odisha to keep in mind the observation made (in the text of the judgment) while recording the statements of the witnesses during investigation in dowry related cases."
Justice Sahoo further said in his order: "The casual manner of recording of statements of the witnesses relating to demand of dowry is likely to have a far reaching consequences in the result of the trial."





