-:1:- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPLICATION NO. 470 OF 2008 APPLICATION NO. 470 OF 2008 APPLICATION NO. 470 OF 2008 IN IN IN CRIMINAL CRIMINAL CRIMINAL APPEAL NO. 359 OF 2008 APPEAL NO. 359 OF 2008 APPEAL NO. 359 OF 2008 Sou. Ratnabai Jaysing Patil. ... Applicant. V/s. The State of Maharashtra. ... Respondent. Mr. K.S. Patil for the Applicant. Mrs. M.M. Deshmukh for the State. CORAM CORAM CORAM : F.I. REBELLO & : F.I. REBELLO & : F.I. REBELLO & K.U. K.U. K.U. CHANDIWAL,JJ. CHANDIWAL,JJ. CHANDIWAL,JJ. DATE DATE DATE : 05TH MAY, 2008. : 05TH MAY, 2008. : 05TH MAY, 2008. P.C. P.C. P.C. : : : . The Applicant has been convicted for involvement in the death of her daughter-in-law. The death was occasioned on account of burning of the deceased on petrol being poured on the body. 2. The learned Trial Court had relied on the dying declaration. On behalf of the Applicant, the learned Counsel submits that there was no endorsement by the Doctor on the dying declaration to indicate that the deceased was conscious at the time when the declaration was recorded. From the judgment of the Trial Court we find that though the endorsement was not made on the dying declaration, such an endorsement was made at Exhibit 61. The learned Trial Court has relied on the same. That endorsement will indicate -:2:- that the deceased was conscious and in a position to record the statement. In our opinion at this stage, we find no reason not to accept the dying declaration. 3. It is then submitted that the deceased is old and under these circumstances, this Court ought to consider that aspect of the matter. This Court no doubt during the pendency of the appeal if otherwise there was material to indicate prima facie innocence of the accused would consider that aspect while considering the grant of bail. According to the cause title the Appellant’s age is 85 years. 4. We have to take judicial notice that crime against woman instead of decreasing is on the increase. We find that cases of bride burning are on the increase. In such circumstances, if this Court starts taking a lenient view because the accused is old it will send a wrong message to the Society at large more so in a case where the trial court after considering the evidence has convicted the Appellant of the offence punishable under Section 302 of the I.P.C. 5. We are, therefore, of the opinion that considering the evidence on record and the fact that the Trial Court has found the Appellant guilty and there are material against the Appellant, in our -:3:- opinion this is not a fit case to grant bail. Hence, the application for grant of bail is rejected. 6. Unfortunately, we have yet to see any pro-active steps by the State to sensitise the people in the matter of bride burning deaths. It is sad that a state which gave us social reformers like Jyotiba Phule has gone into a state of inertia. Pro-active steps in the field of sensitization including of the youth in Schools and Colleges is the need as a long term measure. In the short term there is a need to activate the N.G.O’s working in the field so as to attempt to bring down the number of deaths. Our Press and T.V. Media seems oblivious to this dark chapter. While they became active in individual matters, there is no concerted effort on their part to tackle the social menace. We must remember that every woman burnt is somebody’s daughter or grand-daughter. 7. Unless civil society at large and the state takes pro-active and effective steps, it will not be possible to eradicate or minimise cases of bride burning or other forms of cruelty to women. In the light of that, we direct the Secretary, Home Department, as also the Secretary, I/c. Woman & Child Development Department, Govt. of Maharashtra, Mantralaya, Mumbai to file an affidavit as to what steps they have taken to discourage bride burning and -:4:- the steps they propose to take to eradicate or minimize the problem of crimes against women. The affidavit to be filed on or before 16th June 2008. 8. The role of the Court in such matters is minimal. We can only be the facilators to help society to raise its collective voice. 9. The Registrar General to call for statistics of the cases filed in the Sessions Courts in the State of Maharashtra under Section 498-A and Section 302 or other cases of crime against women yearwise, categorywise from 2000 to 2007. The report to be filed by 16th June 2008. 10. We appoint Ms. Maharukh Adenwala to assist this Court as amicus curiae on the larger issue. 11. Copies of this order to be given to all the parties. (K.U. (K.U. (K.U. CHANDIWAL,J.) CHANDIWAL,J.) CHANDIWAL,J.) (F.I. (F.I. (F.I. REBELLO, J.) REBELLO, J.) REBELLO, J.)