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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
Cheekati Manavendranath Roy, D.M.Vyas
State Of Gujarat – Appellant
Versus
Paresh Shantilal – Respondent
Headnote: Read headnote
JUDGMENT :
CHEEKATI MANAVENDRANATH ROY, J.
1. Assailing the judgment dated 28.5.2014 rendered in Sessions Case No.8 of 2014 on the file of learned Additional Sessions Judge, Morbi, whereby accused nos.1 to 3 in the said case were acquitted of the charges under Sections 498-A, 306, 304-B and 114 of the INDIAN PENAL CODE , 1860 read with Sections 3 and 7 of the Dowry Prohibition Act, the instant appeal has been preferred by the State.
2. Briefly stated, it is the case of the prosecution that Ms.Harshaben (herein after called as “deceased”) is the legally wedded wife of accused no.1. Their marriage was solemnized about four years prior to her death. They are blessed with a son by name Vansh, aged about one and a half years, during their lawful wedlock. The deceased was pregnant of two months at the time of her dea
To establish dowry death under IPC Section 304-B, it is essential to prove that the deceased was subjected to cruelty or harassment for dowry, which was not demonstrated in this case.
Absence of credible evidence connecting harassment to suicide leads to acquittal under Sections 498A, 306, and 304(B) of IPC as well as Dowry Prohibition Act.
The prosecution must prove cruelty or harassment for dowry demand soon before death to sustain a conviction under Sections 304-B and 498-A IPC; insufficient evidence leads to acquittal.
The prosecution must prove that the deceased was subjected to cruelty or harassment for dowry soon before her death to establish guilt under Sections 304B and 498A IPC.
The judgment established the need for a proximate and live link between dowry harassment and the woman's death, and emphasized the statutory presumption of dowry death under Section 113-B of the Evid....
Point of Law : Prosecution has failed to prove the guilt against the accused. [Para 39]
The court upheld conviction for dowry death, emphasizing that evidence of torture and demand for dowry proven leads to presumption of causation under relevant legal provisions.
The burden lies on the prosecution to establish the ingredients of Sec. 304-B, and once proved, the presumption under Sec. 113-B comes into play. The accused can then attempt to displace the deemed c....
The judgment established the application of statutory presumptions and the proximity test in proving dowry death, emphasizing the burden of proof on the accused for facts within their exclusive knowl....
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