Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Suicide acquittal |
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 and 498-A - Suicide committed by bride in her matrimonial home - Acquittal by trial court - Conviction of husband by High Court - Held: Once prosecution failed to prove the basic ingredients of harassment or demand of dowry and the evidence brought on record was doubted by trial court, it was not open to High Court to convict the appellant on presumption referring to s. 113-A or s.113-B of Evidence Act -- Presumption of innocence of accused being primary factor, in absence of exceptional compelling circumstances and perversity of the judgment, it was not open to High Court to interfere with the judgment of trial court in a routine manner - Impugned judgment of High Court set aside - Evidence Act, 1872 - ss.113-A and 113-B. APPEAL: Judgment of acquittal - Interference with, by appellate court - Scope of - Explained. |
Judge | Hon'ble Mr. Justice S.J. Mukhopadhaya |
Neutral Citation | 2013 INSC 427 |
Petitioner | S. Anil Kumar @ Anil Kumar Ganna |
Respondent | State Of Karnataka |
SCR | [2013] 7 S.C.R. 408 |
Judgement Date | 2013-07-03 |
Case Number | 937 |
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