M. F. SALDANHA, J. ( 1 ) WE have heard the learned Counsel on both sides. This is one more of the cases where the allegation is that pursuant to illtreatment from the husband and his family members who are the accused before the Court that the deceased Rukmini Bai @ Kamalabai was forced to consume an insecticide and end her life. The prosecution case was to the effect that despite receipt of Rs. 10,000/- and one thola of gold at the time of the marriage, that there was continuous pressure, harassment and cruelty inflicted to the deceased in order to extort more money by way of additional dowry. The prosecution alleges that the deceased used to complain to her mother and father about the harassment and torture and it is the evidence of the parents that they were unable to meet with the demands because of their economic condition and also because the deceased daughter was their eldest daughter and that they had other family commitments. According to them, various efforts were made to get over this problem including by keeping the couple in their house for a few months but that this did not help and ultimately, on 16. 4. 1989 which was approximately 6 to 7 years after the marriage Rukminibai consumed insecticide and put an end to her life. The parents alleged that when they came to know of her death they rushed to the house of the accused but that no satisfactory explanation was coming beyond stating that their daughter had ended her life. There is a direct allegation against the accused that they noticed injuries on the body and that these were because of the assaults by the accused persons. However, the respondents learned Counsel was quick to point out to us that the doctor at the time of the post mortem has done a very careful examination of the body as this was a medico-legal case and that he has in turn stated that there were absolutely no external injuries on the body. This position is correct because the post mortem notes also very clearly indicate that there were no external injuries. On the basis of the allegation that this is a dowry death case, the accused were arrested and on completion of the investigation they were put up for trial. This position is correct because the post mortem notes also very clearly indicate that there were no external injuries. On the basis of the allegation that this is a dowry death case, the accused were arrested and on completion of the investigation they were put up for trial. The learned trial Judge has very clearly stated that the prosecution evidence does not establish any of the heads of charge and that consequently the accused are entitled to an order of acquittal. It is this order that is under challenge in the present appeal. ( 2 ) THE learned Addl. SPP who has argued in support of the appeal has advanced an argument of some importance before us. What she points out is that the instance of cruelty and torture in this class of cases take place at the matrimonial home at the instance of the husband and the family members and that the Court must take judicial notice of the fact that in the strata to which the deceased belonged or in the majority of this class of cases the woman is at the receiving end and is in no position to complain about it. She dare not complain to friends and neighbours for fear of the situation worsening and if at all there is an opportunity, the complaint is addressed to the parents or family members and that too, provided the victim in a position to meet them without the in-laws and the husband being around. He has advanced a submission in support of his contention that there will therefore not be any evidence forthcoming from the neighbours, friends and other associates even if such a situation was prevalent because of the fear of consequences. Again, what the learned Counsel submits is that as far as the parents and family members of the girl are concerned that they will not be very receptive to any complaints even if they are true because once a girl is married, the family virtually considers that they have unburdened themselves of the daughter. Again, what the learned Counsel submits is that as far as the parents and family members of the girl are concerned that they will not be very receptive to any complaints even if they are true because once a girl is married, the family virtually considers that they have unburdened themselves of the daughter. It is invariably a costly proposition because the opposite side invariably bleeds the girls side and under the circumstances the woman receives hardly a sympathetic hearing or any support from the family thereafter invariably, the additional reason for this is because the situation is delicate in so far as the husband and family members are not going to admit the pressure tactics and they can always blackmail the girls family by refusing to take her back, in which case, apart from the social stigma, it is the girls family who are at the receiving end. It is under these circumstances that he submits that the Court will have to draw certain very broad inferences and he relies heavily on the presumption under Section 113b of the Evidence Act in support of his contention that where a death occurs, whether it is by burning or whether it is an apparent suicide that it is a premature end to a healthy life and that the Court must draw the inference that the deceased met with this fate at the instance of the husband and family members as there is no other valid reason why a normal healthy person should commit suicide or for that why the wife should supposedly get her clothes caught on fire despite being used to cooking with the same type of stoves etc. In other words, the contention is that the premature death itself is sufficient to draw the adverse inference and that what ever other minimal evidence is available should be more than sufficient to record a conviction in the absence of the accused tendering a valid and cogent reason and convincing the court that this was not a dowry death case. In other wards, learned Counsel submits that the roles are reversed in this case of classes and that the onus of proving bonafides, accident, suicide etc. virtually shifts to the accused. In other wards, learned Counsel submits that the roles are reversed in this case of classes and that the onus of proving bonafides, accident, suicide etc. virtually shifts to the accused. ( 3 ) WE do not dispute the fact that this is a realistic appraisal of the situation but the last part of the argument may have to be accepted with a degree of caution because the basic onus of establishing the essential ingredients in law can never shift from the prosecution to the accused. We do not for a moment dispute the fact that an adverse inference would undoubtedly be drawn against the accused where the prosecution establishes through evidence and circumstances form which the Court can infer that the deceased was either pushed to suicide or that the defence taken up that the death was due to an accident does not appear to be at all plausible. We cannot lose sight of a third category of cases wherein external factors may have to be taken serious note of. ( 4 ) THIS is a case in which the marriage has lasted for over six years and we do find that after the death of Rukminibai, once the police came into the picture that the parents would advance an allegation that the death was due to attempted extortion of an additional dowry. It is true that Rukminibai was a young woman. There is no ostensible reason why she should commit suicide and therefore, it was incumbent on the part of the defendants to have satisfied the Court at least to a plausible extent as to what could be the cause. Mr. Jadhav, learned Counsel for the respondents-accused submitted before us that this is a case in which that duty which is cast on the accused has been discharged. He draws our attention to the fact that it was repeatedly pointed out that despite the abnormally long period of time, over six years since the marriage, that Rukminibai had no children. There is also a vague reference to the fact that the accused No. 1 Husband had even taken her to doctors, hospitals etc. , for treatment. In Indian society or for that matter, at the social levels applicable to this couple, it is absolutely normal that the marriage inevitably blossoms through the birth of a child within a reasonable period of time after the marriage. , for treatment. In Indian society or for that matter, at the social levels applicable to this couple, it is absolutely normal that the marriage inevitably blossoms through the birth of a child within a reasonable period of time after the marriage. If this does not happen, the situation becomes extremely embarrassing and unpleasant for the woman because it may be for health reasons, it may be for biological reasons that she has not produced a child but this begins to create a type of syndrome which undoubtedly creates very serious physical and psychological consequences. Mr. Jadhavs submission is that the defendants have very clearly propounded the parallel theory that Rukminibai began to get depressed, that this depression aggravated itself because of the abnormally long period of time and the fact that she had not borne any children. His added submission is that in such circumstances apart from the personal embarrassment that the situation becomes very unpleasant for the woman vis. a. vis her family and relations and husbands family and relations and as inevitably happens that it begins to create an emotional conflict between the husband and wife because of this unfortunate situation. The learned Counsel submits that in such a background the next extremely serious aspect of the fall out is that a very grave security problem comes up to the woman because inevitably if she has no children for such a long time, the almost certain situation would be that the husband would want to marry another woman through whom he can have a family and this is virtually the end of the road for the poor wife. At that level of society where the wife has neither a career nor economic independence, when she has no home of her own, when she cannot go back to her parents who would neither be willing nor in a position to look after her, it is virtually a point of no return and the totality of this situation, the mental depression and the physical agony are all factors that would have only one sad result. Learned Counsel submits that the adverse inference would therefore not arise against the accused and that the facts in this case speak for themselves that Rukminibai decided to put an end to her life because she had nothing left to live for. Learned Counsel submits that the adverse inference would therefore not arise against the accused and that the facts in this case speak for themselves that Rukminibai decided to put an end to her life because she had nothing left to live for. One other subsidiary argument put forward by the learned Counsel was that the police mechanically invest a garb of torture and dowry harassment and dowry death to any case where the wife has died totally overlooking the finer points and true facts what he has impressed upon us in detail is the fact that the Court must in this case attach very special significance to the time factor. Demands for dowry in cases where they are made would invariably be made within a short period of time after the marriage and would certainly not carry on for a long long years and years after the marriage. We need to add here that there is considerable substance in this line of argument because dowry demands are invariably associated with the pre-nuptual negotiations and they do carry over in some instances where attempts are made to extort additional money or property or in those instances where original demands have not been fully met. It is unusual to find dowry demands surfacing or continuing at a point of time which is 6 or 7 years after the marriage has taken place. If the demands are made and they have not been met, they will not carry on for that length of time and the very long distance of time between the date of marriage and the incident which is almost 7 years is itself significant in the present case and it is a factor that goes against the prosecution theory. ( 5 ) AS regards the submission that it was the situation in which Rukminibai was faced namely, childlessness which drove her to suicide, in the facts and circumstances of this case is a possibility which we cannot rule out. We need to take a very realistic view of social and family conditions and we need to re-create the situation in which Rukminibai would have been placed, the manner in which her mind would have been working when after such a long period of time one of the most important functions of the matrimony, namely procreation of children, had been frustrated. In this background, we need to uphold the submissions canvassed on behalf of the respondents-accused by the learned Counsel and to also lay down that Courts while dealing with this class of cases will have to take very serious cognizance of these angles and factors which have been referred to by us. Merely because death has occurred and merely because prima facie there appears to be no valid reason does not mean to say that there should be a one way traffic approach of jumping to the conclusion that the husband and family members are ipso facto liable. There may be situations in which this is so but it is very very important for the Courts to also note that there are an equal number of situations in which this position does not hold good. ( 6 ) THE learned Addl. SPP vehemently submitted that this is a case in which the parents have very clearly deposed to the fact that Rukminibai used to tell them that the accused are harassing and torturing her. The position that obtains is that if this were to be the case, there would have been some material in support thereof because invariably in such situations the matter is referred to the elders or the Panchayas. There is virtually zero evidence in this case to support these allegations and further more, what we note is that even at the stage of the inquest no such allegation has been made. Under these circumstances, this is an obvious improvement on the part of Pws. 2 and 3, the father and the mother. Apart from this, even if their evidence is strictly construed, it would only mean that there were the usual matrimonial grounds and disagreements between the couple but this would not constitute sufficient harassment or torture or torment to bring the case within the legal definition of Section 498-A or Section 304-B I. P. C. ( 7 ) THE learned Addl. SPP submitted that PW. 14 very clearly states that the amount of Rs. 10,000/- and one thola of gold had changed hands at the time of the marriage. SPP submitted that PW. 14 very clearly states that the amount of Rs. 10,000/- and one thola of gold had changed hands at the time of the marriage. Respondents learned Counsel has vehemently contended that this was in support of the general accusations that have been made against the accused and further more, his submission is that unless it is established in law that the amount was demanded by the husband and his relations that it would not come within the ambit of dowry. Learned Counsel submitted that it is quite customary for expenses to be shared not it is an equally valid matrimonial custom to give a certain amount of jewelry or gold or property to the bride from the parents or family and that even assuming the Court were to accept the evidence of PW. 14 that it would not bring the case within the ambit of Sections 4 or 6 of the Dowry Prohibition Act. ( 8 ) HAVING regard to the fact that the main charges have not been established, we would prefer not to go into the intricacies or the legalities of the provisions of the Dowry Prohibition Act and to record a conviction or otherwise under these provisions but we have informed the respondents learned Counsel that irrespective of whether the Act applies or not that out of a sense of propriety, the respondents must restore to PWs. 2 and 3, the parents of Rukminibai the amount of Rs. 10,000/- and one thola of gold. This direction is incorporated in the operative part of our Order. Under Section 6 of the Dowry Prohibition Act even assuming that property passes hands, it is required to go to the girl and it is to be restored and our Order is in consonance with that provision. ( 9 ) AFTER having done a very through review of the facts and the law, in our considered view, the Order of acquittal in this case requires to be confirmed. The appeal accordingly fails on merits and stands disposed of. The bail bonds, if executed by the accused to stand cancelled. In the facts and circumstances of the case, the accused are directed to restore to PWs. 2 and 3 which shall be done in the presence of the trial Court within a period of three months from today, a sum of Rs. The bail bonds, if executed by the accused to stand cancelled. In the facts and circumstances of the case, the accused are directed to restore to PWs. 2 and 3 which shall be done in the presence of the trial Court within a period of three months from today, a sum of Rs. 10,000/- and one thola of gold and the trial Court shall record the compliance and thereafter communicate the same to this Court. With these directions, the appeal which fails on merits to stand disposed of. ( 10 ) AT this stage, the respondents learned Counsel points out to us that there is some degree of ambiguity with regard to what had actually passed hands at the time of the marriage. He also points out to us that the accused come from a very poor strata of society. His submission is that they will respect the directions of this Court but it is physically impossible for them to restore one thola of gold. In view of this position, the direction shall be confined to restoration of the sum of Rs. 10,000/- only. ( 11 ) BEFORE parting with this judgment, this Court needs to take cognizance of the situation that is both alarming and disturbing in relation to dowry death cases. Whereas the universal charge is to the effect that atrocities relating to harassment, torture and dowry deaths are going unpunished and that the situation requires to be tightened up what has been totally overlooked is the fact that there is a reverse side to this situation which the Courts need to take cognizance of. The unnatural death of a young wife in the early stages of a marriage is a sad and unfortunate occurrence of which the law needs to take serious notice but it does not mechanically follow that every such death ipso facto means that the husband and his family are required to be arrested and prosecuted under serious charges relating to Sections 498a and 304b IPC. Every case requires a careful and correct investigation because instances such as the present one are not uncommon. The evidence in this case has conclusively established that the childlessness of the deceased wife had worked adversely on her, that she had gone into a deep depression and had committed suicide obviously after six years of marriage obviously because of her childlessness. The evidence in this case has conclusively established that the childlessness of the deceased wife had worked adversely on her, that she had gone into a deep depression and had committed suicide obviously after six years of marriage obviously because of her childlessness. Rukmini Bai inevitably felt that the primary function of her marriage had been frustrated in so far as she had no children and that it was only a matter of time before her husband could have sought another alliance on this ground, that she had no career, no economic security and no future and out of desperation, since she was virtually at the end of the road, she ended her life. If the police authorities had acted responsibly and if they had done a correct and professional investigation, the husband, his brother and his mother would not have been arrested and made to undergo the trauma of a trial which lasted for as long as 5 years. A responsible analysis done in December 2000 in respect of this class of cases in the State of Karnataka has indicated that 36% of dowry death prosecutions are totally unjustified. Quite apart from the available waste of judicial time, the High Court cannot and will not shut its eyes to such irresponsible charge-sheeting and we need to sound a stern warning to the departments concerned that hereinafter, if the courts come across instances of irresponsible and unjustified prosecutions that exemplary costs will be awarded against the state. The Secretary to Government Home Department to whom a copy of this judgment is being forwarded shall bring the views of this Court to the notice of the investigating authorities in the State of Karnataka with instructions to ensure that a correct, proper and professional evaluation is done of the evidence at the investigating stage, that if necessary, appropriate legal opinion be sought and that unjustified prosecutions will be totally avoided hereinafter. --- *** --- .