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IN THE HIGH COURT OF DELHI AT NEW DELHI
PRATHIBA M.SINGH, MADHU JAIN
State, (Govt. Of NCT Of Delhi) – Appellant
Versus
Aftab – Respondent
| Table of Content |
|---|
| 1. establishment of facts surrounding the case (Para 1 , 3 , 4 , 5 , 6) |
| 2. witness testimonies during the trial (Para 7 , 8) |
| 3. medical examination and findings (Para 9 , 10) |
| 4. arguments presented by the appellant and respondents (Para 12 , 13 , 15 , 16 , 17 , 18 , 19) |
| 5. judicial findings on the evidentiary basis (Para 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 33 , 34 , 35 , 36 , 37 , 38 , 39) |
JUDGMENT :
MADHU JAIN, J.
1. The present appeal has been filed under Section 378 of the Code of Criminal Procedure, 1973 (hereinafter, ‘CrPC’) challenging the impugned judgment dated 15th December, 2024 passed by the ld. Additional Sessions Judge, Shahdara District, Karkardooma Courts, Delhi, whereby the ld. Trial Court acquitted the Respondent Nos. 1 and 2 with the following observations:
“40. After, analyzing the evidence on the record (as discussed herein before) on the parameters of aforesaid case laws, I do find that prosecution has failed to prove charge of offence under Section 498 -A/304-B IPC against the accused persons because there is no reliable evidence on the record even to suggest that any sort of harassment was being caused to deceased Ruby for any kind
The presumption under Section 113-B of the Indian Evidence Act requires concrete evidence of harassment or cruelty shortly before death; general and vague allegations are insufficient to sustain conv....
Conviction upheld - Dowry death - there was persistent demand of dowry made by accused from the victim who was used to subjected to cruelty and harassment for such demand and ultimately she had ended....
The prosecution must prove beyond reasonable doubt the elements of cruelty or harassment in connection with dowry to establish a case under Section 304B IPC; mere suspicion is insufficient for convic....
The court established that dowry death under Section 304(B) IPC requires proof of harassment related to dowry demands, with the prosecution bearing the burden of proof beyond reasonable doubt.
To convict under Section 304B IPC, evidence of specific instances of cruelty or harassment connected with dowry demands must be established; otherwise, lesser offences may be considered.
To sustain a conviction under Section 304B IPC, the prosecution must establish a proximate link between dowry-related cruelty and the victim's death within seven years of marriage, demonstrating that....
Point of Law : Prosecution has failed to prove the guilt against the accused. [Para 39]
Dowry death and cruelty – For attracting Section 113-B of Evidence Act, prosecution must establish that deceased was subjected by appellant to cruelty or harassment for or in connection with any dema....
The court affirmed the conviction under Section 304-B IPC, establishing that the deceased was subjected to cruelty for dowry demands, leading to her suicide, thus satisfying the legal requirements fo....
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