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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M G UMA - J
Lokesh Babu, S/o Late Hanumanthachar – Appellant
Versus
State of Karantaka Through Tumkur Town Police, Represented By The State Public Prosecutor – Respondent
JUDGMENT :
M G Uma, J.
The appellants being accused Nos.1 and 2 in SC.No.143/2012, on the file of the learned II Fast Track Court, Tumkur, are impugning the Judgment of conviction and order of Sentence dated 31.07.2012, convicting accused No.1 for the offences punishable under Sections 4 98A and 304B read with Section 3 4 of the INDIAN PENAL CODE (for short 'the IPC') and Sections 3 , 4 and 6 of the Dowry Prohibition Act and sentencing him to undergo imprisonment for 7 years and pay a fine of Rs.25,000/- for the offence punishable under Section 3 04B of IPC, under-go imprisonment for 3 years and pay a fine of Rs.10,000/- for the offence punishable under Section 4 98A of IPC, undergo imprisonment for 6 months and pay a fine of Rs.5,000/- for the offences punishable under Sections 3 , 4 and 6 of DP Act and convicting accused No.2 for the offences punishable under Sections 4 98A of IPC and sentencing her to undergo imprisonment for 2 years and pay a fine of Rs.10,000/-, with default sentences.
2. For the sake of convenience, the parties shall be referred to as per their rank and status before the Trial Court.
3. Brief facts of the case as per the prosecution is that, deceased Rukmini mar
The court established that an accused is entitled to acquittal when the prosecution fails to prove guilt beyond reasonable doubt, especially when key evidence is uncorroborated.
Continuous demand for dowry and cruelty can sustain a conviction for dowry death, even if demands do not occur immediately before death.
The prosecution must prove dowry demands and cruelty beyond reasonable doubt for a conviction under Sections 498A and 304B IPC; mere allegations are insufficient.
In dowry death cases, the prosecution must prove beyond reasonable doubt that the accused subjected the victim to cruelty related to dowry demands before her death, maintaining the presumption of inn....
Prosecution must prove demand for dowry and harassment soon before death to establish guilt under Section 304B IPC; absence of such evidence leads to acquittal.
The requirement of substantial evidence of dowry-related harassment is essential to sustain a conviction under Section 304-B of IPC, which the prosecution failed to demonstrate.
Point of Law : Prosecution has failed to prove the guilt against the accused. [Para 39]
In a criminal trial, suspicion no matter how strong, cannot and must not be permitted to take place of proof. This is for the reason that the mental distance between “may be” and “must be” is quite l....
Prosecution must clearly establish essential ingredients of dowry-related offences; lack of consistent evidence led to acquittal.
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