Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | u/s.113-B Evidence Act 498-A and ss. 302 Penal Code 1860: ss. 304-B 1872 201 and 34 - Dowry death - Statutory presumption of |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Penal Code, 1860: ss. 304-B, 498-A and ss. 302, 201 and 34 - Dowry death - c Statutory presumption of, u/s.113-B, Evidence Act, 1872 - When cannot be invoked - Deceased died in matrimonial home by hanging from the fan -Appellant-in laws acquitted by trial court-Acquittal reversed by High Court placing reliance on statutory presumption u/s. J J 3B - Held: The presumption as to dowry death gets activated D only upon the proof of the fact that the deceased lady was subjected to cruelty or harassment for or in connection with any demand for dowry by the accused and that too in the reasonable contiguity of death -If the prosecution fails to prove such fact by cogent, coherent and persuasive evidence, the person accused u/ss. 304-B, 498-A E cannot be held guilty by taking refuge only of the presumption u/ s.113-B to cover up the shortfall in proof- On facts, prosecution failed to prove beyond reasonable doubt, cruelty or harassment to the deceased, for or in connection with any demand for dow1y - The alleged demand centered around a motorcycle, which even as per prosecution witnesses did not surface at the time of the F marriage - To the contrary, the evidence of defence witnesses was consistent to the effect that no demand as imputed was ever made as the family of the husband was adequately well-off - Further, the prosecution also failed to prove the precise cause of the death of the deceased - It is not clear as to whether the death was suicidal G or homicidal - Appellants entitled to benefit of doubt - Dow1y Prohibition Act, 1961 - s.2 - CrPC-s. 313.ss.304-B, 498-A - Offences under - Common ingredients - Held: Cruelty or harassment of the lady by her husband or his relative for or in connection with any demand for dow1y is thecommon constituent of both the offences - The factum of unnatural death in matrimonial home within seven years of marriage is ipso facto not sufficient to bring home the charges ulss. 304B and 498A - Prosecution has to prove cruelty or harassment by the husband or his relative or the person charged, to invoke the statutory presumption u!s.113-B, Evidence Act- Evidence Act, 1872-s. JJ 3-B. Criminal Law-ss.304-B, !PC and 113-B, Evidence Act, 1872- Scope and purport of - "soon before death" - Reiterated. |
Judge | Hon'ble Mr. Justice Amitava Roy |
Neutral Citation | 2016 INSC 1040 |
Petitioner | Baijnath & Others |
Respondent | State Of Madhya Pradesh |
SCR | [2016] 11 S.C.R. 764 |
Judgement Date | 2016-11-18 |
Case Number | 1097 |
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