Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | cruelty harassment dowry |
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. 304B & 489A - Death of marriedwoman - Allegations of cruelty and harassment - Twoaccused- husband and father-in-law - Conviction of appellant(father-in-law) u/ss. 304B & 498A - By courts below - Challengeto - Held: Evidence that deceased had been harassed by boththe accused before two weeks of her death - Clear proof inevidence of PWs 1 & 2 that appellant was taunting thedeceased demanding dowry - Deceased was even sent outfrom her matrimonial home on this account - Yet, for convictionu/s.3048, it is obligatory on the part of the prosecution toestablish that the death occurred within seven years ofmarriage - Sans the requirement of seven years, the offencewould fall only uls. 498A - On facts, trial Court went only onassumptions with regard to the date of marriage - S.3048 IPCpermits presumption of law only in a given set of facts andnot presumption of fact - Fact is to be proved and then only,law will presume - In the instant case, prosecution failed toestablish the crucial fact on the death occurring within sevenyears of marriage - Conviction u/s.3048 /PC set aside, butconviction uls.498A /PC confirmed - Evidence Act, 1872 -s.1138.Penal Code, 1860 - s.489A - Cruelty by husband orrelative of a married woman -Conviction uls.498A - Held: Norequirement u/s.498A that the cruelty should be within sevenyears of ma"iage - No invariable necessity u/s. 498A that thecruelty should be in connection with the demand for dowry. Penal Code, 1860 - ss.3048 & 489A - Introduction of -Purpose - Held: S. 498A was introduced to "suitably deafeffectively not only with cases of dowry deaths but also casesof cruelty to married women by their in-laws" - s.3048 wasintroduced to make the penal provisions "more stringent andeffective".Penal Code, 1860 - s.3048 - Words "shall be deemed"- Meaning - Held: Though the expression "presumed" is notused u/s.3048 of /PC, the words "shall be deemed" uls. 304B carry, literal/y and under law, the same meaning since theintent and context requires such attribution.Evidence Act, 1872 - ss. 113A and 1138 - Introductionof - Vide amendments -Effect - Held: The amendments areonly consequential to the amendments under the Dowry Prohibition Act and /PC - Under s. 113A, the expression is"court may presume" whereas u/s.1138, the expression is"court shall presume" - The Parliament intended theprovisions to be more stringent and effective in view of thegrowing social evil as can be seen from the Statement of Objects and Reasons in the amending Acts - DowryProhibition Act, 1961 -Penal Code, 1860. |
Judge | Hon'ble Mr. Justice Kurian Joseph |
Neutral Citation | 2013 INSC 585 |
Petitioner | Gurdip Singh |
Respondent | State Of Punjab |
SCR | [2013] 8 S.C.R. 277 |
Judgement Date | 2013-09-03 |
Case Number | 1308 |
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