Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Dowry death-Agreement for dowry-Relevancy 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:Dowry death-Agreement for dowry-Relevancy of Held: "Demand of dowry" itself punishable under S. 340-B-lt is not necessary to show that "agreement for dowry" existed-It has to be inferred from the facts and circumstances of each case It is not always necessary that there be an agreement for dowry-Hence, conviction is possible even if there is no agreement for dowry. Dowry death Presumption of-Essential ingredients-Proximity test-Held: The expression "soon before" is very relevant whenever S. 304-B IPC and S. 113-A of the Evidence Act are pressed into service-It must be shown that soon before her death the victim was subjected to cruelty and harassment-However, no straitjacket formula could be laid down as to what would constitute a period of "soon before" the occurrence-It has to be determined by the courts depending upon facts and circumstance of each case-There must be existence of a proximate and live-link between cruelty and death Evidence Act, 1872, S. 113-B.Sections 304-B and 498-A-Dowry death-Wife committed suicide within a few months of marriage Trial court found prosecution evidence regarding demand of dowry clear, cogent and credible-Brother-in-law (A-1), mother-in-law (A-2) and husband (A-3) of the deceased wife convicted-A-3 held guilty as he extended tacit support, albeit indirectly-However, High Court acquitted the accused persons-Correctness of-Held: Evidence showed that demand of dowry was made shortly before the wife committed suicide-Hence, acquittal of A-I set aside Since A-2 expired during pendency of appeal before High Court, her appeal abated-Inference that A-3 extended tacit approval for demand of dowry could not be substantiated-Therefore, acquittal of A-3 upheld. Dowry Prohibition Act, 1961:Dowry-Agreement to give dowry Existence of-For conviction-Held: There is no necessity of existence of an agreement to give dowry to convict an accused person-Such an agreement had to be inferred on the facts and circumstances of each case-Conviction possible even if no agreement existed. Words and Phrases: "Soon before"-Meaning of-In the Context of S. 304-B of the Penal Code, 1860 and S. 113-B of the Evidence Act, 1872. "Dowry"-Meaning of-In the context of S. 304-B of the Penal Code, 1860. "Agreed to be given"-Meaning of-In the context of S.2 of the Dowry Prohibition Act, 1961. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2004 INSC 179 |
Petitioner | State Of Andhra Pradesh |
Respondent | Raj Gopal Asawa And Anr. |
SCR | [2004] 3 S.C.R. 32 |
Judgement Date | 2004-03-17 |
Case Number | 384 |
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