Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Section 306 and 498-A IPC matrimonial home |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860 – ss. 498A and 306 – Married woman committed suicide in her matrimonial home within 8 months of marriage, purportedly, by consuming pesticide – Conviction of appellants (husband and mother-in-law) by Courts below u/ss.498A and 306 IPC – Challenge to – Held: Prosecution proved that deceased was harassed with a view to coerce her to meet unlawful demand of Rs.25,000/- and such harassment was on account of her failure to bring said amount from her father (PW-1) who was financially incapable to meet such demand – Charge u/s.498-A of cruelty clearly established against the appellants – Defence failed to adduce any evidence to rebut presumption as to abetment of suicide u/s.113-A of the Evidence Act – Prosecution successful in establishing the evidence that deceased was left with no choice than to commit suicide – Conviction u/ss.498A and 306 IPC, affirmed – Evidence Act, 1872 – s.113A. Crime Against Women – Domestic cruelty – Witness – Evidentiary value of close relatives/interested witness – Held: Most often, the offence of subjecting the married woman to cruelty is committed within the boundaries of the house which in itself diminishes the chances of availability of any independent witness – Also, normally no independent or unconnected person would prefer to become a witness for a number of reasons – Nothing unnatural for a victim of domestic cruelty to share her trauma with her parents, brothers and sisters and other such close relatives – Law does not disqualify the relatives to be produced as a witness though they may be interested witness – Penal Code, 1860 – s.498A. Evidence – Witness – Interested witness – Appreciation – Held: Evidence of an interested witness requires scrutiny with utmost care and caution – If the evidence of any interested witness/ relative on a careful scrutiny by the Court is found to be consistent and trust-worthy, free from infirmities or any embellishment that inspires the confidence of the Court, there is no reason not to place reliance on the same. Evidence Act, 1872 – ss.113A and 4 – s.4 defines the phrase ‘may presume’ used in s.113-A – Definition of the word ‘may presume’ — Meaning and effect of. Evidence Act, 1872 – s.113A – Applicability – To attract the applicability of s.113-A, three conditions are required to be fulfilled :- (i) The woman has committed suicide, (ii) Such suicide has been committed within a period of seven years from the date of her marriage, and (iii) The charged-accused had subjected her to cruelty – However, the existence and availability of above said three circumstances are not to be invoked, like a formula, to enable the presumption being drawn and the presumption is not an irrebuttable one. |
Judge | Hon'ble Mr. Justice Krishna Murari |
Neutral Citation | 2021 INSC 443 |
Petitioner | Gumansinh @ Lalo @ Raju Bhikhabhai Chauhan & Anr. |
Respondent | The State Of Gujarat |
SCR | [2021] 6 S.C.R. 24 |
Judgement Date | 2021-09-03 |
Case Number | 940-941 |
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