Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 201 and 176 - Dowry Prohibition Act 304 B 1961 Penal Code 1860 - ss. 498-A |
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. 498-A, 304 B, 201 and 176 - Dowry Prohibition Act, 1961 - ss. 3 and 4 - Prosecution case that wife died unnatural death within six months of marriage, recovery of body from well and cremation of body that day itself, however, complaint lodged four days later by maternal uncle alleging harassment and ill-treatment meted out to her on account of dowry demand by the husband and in-laws - Acquittal by trial court of the charges framed, however, · conviction by the High Court ulss. 498-A, 304 B, 201 and 176 and ss. 3 and 4 of the 1961, Act - Justification of - Held: No specific allegation of dowry demand against the accused by any of the witnesses - Demand of dowry and gf ving of dowry at the time of marriage not proved beyond reasonable doubt · - Thus, the question of drawing presumption as to dowry death by invoking, s. 113 B of the Evidence Act would not arise - Further, it is clear that mother of the deceased, her uncle 'and aunt reached the place of death after receiving the information much before the deceased was cremated and the body was cremated in their presence - No explanation given by the complainant as to why he did not report the matter immediately to the police - On the basis of these considerations, the trial court gave benefit of doubt to the husband and acquitted him - However, the High Court ignored various contradictions in the testimonies of PW-1 to PW-5 pointed out by the trial court - While reversing the acquittal, High Court should have specifically dealt with the said circumstances weighing in favour of the wife and given suitable justification for overturning the verdict of acquittal - No solid and weighty reasons given to reverse the order of acquittal and to convict the husband - Thus, order passed by the High Court set aside - Evidence Act, 1872 - s. 113 B - FIR - Delay in lodging. |
Judge | Hon'ble Mr. Justice Arjan Kumar Sikri |
Neutral Citation | 2014 INSC 536 |
Petitioner | Ramaiah @ Rama |
Respondent | State Of Karnataka |
SCR | [2014] 7 S.C.R. 995 |
Judgement Date | 2014-08-07 |
Case Number | 1671 |
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