Supreme Court directs Army man to surrender in dowry death case, rejects Operation Sindoor defence.
Case in News
Army man must surrender in dowry death case, rules Supreme Court of India refusing exemption plea despite citing Operation Sindoor and Army service background.SLP in the matter of an Indian Army commando convicted under Section 304B IPC.
Case Overview
In a significant observation, the Supreme Court of India directed an Indian Army commando, convicted in a dowry death case, to surrender within two weeks . The Court was hearing a Special Leave Petition (SLP) seeking exemption from surrender while the appeal was pending . Despite arguments pointing to the petitioner’s elite military background and participation in Operation Sindoor, the Court took a strong view against the plea stating that such service does not provide a shield from serious domestic crimes .
The Bench comprising Justices Ujjal Bhuyan and K Vinod Chandran made strong remarks on the nature of the offence and refused to extend protection reserved for lighter offences .
Key Aspects
The key facts relating to the case are as under-
- Petitioner is a commando in the Indian Army claiming participation in Operation Sindoor .
- Convicted under Section 304B IPC (Dowry Death); sentenced to 10 years’ rigorous imprisonment .
- Allegedly demanded a motorcycle as dowry and strangled his wife .
- Sought exemption from surrender citing Army duty and discrepancies in witness testimonies .
- High Court upheld the conviction; SLP filed in Supreme Court of India .
Legal Insights
The legal provisions involved in the case are as under-
- Section 304B of the Indian Penal Code (IPC) : Pertains to dowry death, applicable when a woman dies within seven years of marriage under suspicious circumstances linked to dowry demands . Punishment ranges from 7 years to life imprisonment .
- Article 136 of the Constitution of India : Grants discretionary power to the Supreme Court of India to allow special leave to appeal against any judgment or order .
- The Court observed that exemption from surrender is granted in minor offences—not in grave charges like dowry death under Section 304B .
- Participation in Operation Sindoor, though appreciated, cannot dilute accountability under criminal law .
Court’s Verdict
The Supreme Court of India declined the request for protection from surrender . It held that the petitioner’s military fitness only reinforced his capability to commit the act . The Court issued notice on the appeal but directed the petitioner to surrender within two weeks, stating flatly, “There is no Operation Sindoor now .”
Source- Supreme Court of India
Also read– Dowry Death
