Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1961 306 — Dowry Prohibition Act Penal Code 1860 — ss. 498A |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860 — ss. 498A, 306 — Dowry Prohibition Act, 1961 — Cominission of suicide by 25 year old women within two and a half years of marriage — Victim having 10 month old son and a pregnancy of twenty week — Acquittal of husband and his parents for offences punishable u/ss. 3, 4, 6 of the 1961 Act and ss. 498A ~ and 304B — However, the High Court convicted the husband u/s. 498A with rigorous imprisonment of three years and u/s. 306 with RI for five years — On appeal, held: There was good explanation for the delay in lodging the FIR — Victim's closest relation-mother was a poor helpless lady and deceased had left behind children, thus, the factum of delay to be dealt with sympathetically — Judgment of the trial court suffered from such gross errors in approach and appreciation that it could not be saved on the principle that if two views are possible, there should be no interference with a judgment and order of acquittal — Further, since the High Court recorded a finding against the husband of causing cruelty to the deceased for his conviction u/s. 498-A, all the essential ingredients for raising’ of presumption u/s. 113A clearly made out - High Court gave good reasons on the basis of facis brought on record through evidence for exercising the discretion of invoking the presumption u/s. 113A ~ Husband failed to rebut the presumptions raised against him w/s. 113A ~ Thus, the order passed by the High Court is upheld - Evidence Act, 1872 — s. 113A. |
Judge | Hon'ble Mr. Justice Shiva Kirti Singh |
Neutral Citation | 2016 INSC 436 |
Petitioner | Satish Shetty |
Respondent | State Of Karnataka |
SCR | [2016] 3 S.C.R. 145 |
Judgement Date | 2016-06-03 |
Case Number | 1358 |
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