Vismaya Dowry Death Case | Legal System Must Remain Immune From Media And Public Pressure: Kerala High Court

The Kerala High Court on Wednesday, while considering the convict's appeal in the Vismaya dowry death case, said the legal system must remain immune from the public and media pressure while dealing with sensational cases.

The appeal has been moved by Kiran Kumar against his conviction and the sentence imposed on him by the trial court in the case related to his wife's death.

The division bench of Justice Alexander Thomas and Justice Sophy Thomas said the legal system must be sensitive towards public interest but should not be swayed by too much public pressure while dealing with sensationalised cases.

"We should be a little free of the overall pressure. Public interest is one thing, but to be swayed or influenced by too much public pressure and public criticism is another, the Court orally remarked."

The bench further said that merely because a case becomes sensational, the court and the prosecuting agency should not be swayed by the immense media pressure.

"For example, see what is happening three days ago; people are authoritatively talking about public law as if they are experts in public law. We have to be dispassionate about these things. Even though discussions after discussions are taking place, we, the Court and the lawyers, should be immune from all this", Justice Alexander said.

Vismaya, a 22-year-old Ayurveda medical student, was found dead in her matrimonial home under mysterious circumstances last year. She allegedly died by suicide, after facing harassment over dowry. The death happened within a year of her marriage.

In May 2022, Kollam Additional District and Sessions Judge convicted her husband under Sections 498A (subjecting a woman to cruelty for dowry), 306 (abetment of suicide) and 304B (dowry death), among others of the IPC and sentenced him to ten years imprisonment and a fine of ₹12.5 lakh.

The convict in appeal has argued that the finding was perverse based on assumptions, conjectures and surmises. Vismaya's father has also moved a petition to be impleaded as an additional respondent.

The matter was posted for November 2, as the Public Prosecutor sought time to respond to the arguments raised on behalf of the victim's husband in the application seeking suspension of sentence.

Case Title: Kiran Kumar S v. State of Kerala & Anr.