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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
ILESH J. VORA, R. T. VACHHANI
State Of Gujarat – Appellant
Versus
Rajeshbhai Pitamberbhai Parmar – Respondent
JUDGMENT :
R. T. VACHHANI, J.
1. Feeling aggrieved and dissatisfied with the judgment and order of acquittal dated 22.01.2002 passed by the learned Additional Sessions Judge, Nadiad in Sessions Case No. 102 of 1999, whereby the respondents accused came to be acquitted for the offences under Sections 498A, 306, 201, 176, 304B read with Section 114 of the Indian Penal Code, 1860 (IPC for short), the appellant State has preferred the present appeal under Section 378(1)(iii) of the Code of Criminal Procedure, 1973 (CrPC for short).
2. The brief facts of the case are as under:
2.1. The complainant Pushpaben Bhikubhai Mekwan (PW-4/Exh.28) lodged a complaint stating that her daughter Nehaben (deceased) was married to respondent No.1 Rajeshbhai Pitamber bhai Parmar on or about two years prior to the incident. Out of the said wedlock, the deceased had been blessed with a child. On 17.01.1999 at around 8:30 PM, at the matrimonial home in Thaledi Village, Petlad Taluka, Anand District, the deceased was subjected to physical and mental cruelty by the accused persons over a quarrel regarding feeding her minor daughter. It is stated in the complaint that the respondents were giving constant torture
Court emphasized the necessity of establishing clear evidence of cruelty to invoke presumption of abetment of suicide under Section 113A of the Evidence Act, reinforcing the presumption of innocence ....
The prosecution must prove guilt beyond a reasonable doubt in cases of acquittal, emphasizing the presumption of innocence and the need for reliable evidence linking alleged cruelty to suicide.
The prosecution must provide clear evidence of instigation or connection to establish charges of cruelty and abetment of suicide under IPC; mere allegations are insufficient.
The court emphasized that mere allegations of harassment are insufficient to establish abetment of suicide; clear evidence of intent and coercion is required.
In appeals against acquittal, the presumption of innocence prevails, requiring clear evidence of instigation or cruelty for a conviction under IPC sections concerning abetment of suicide.
Abetment of suicide – Merely on allegation of harassment without their being any positive action proximate to the time of occurrence on part of accused which led or compelled the person to commit sui....
The prosecution must prove beyond reasonable doubt that the accused's conduct amounted to 'cruelty' leading to the victim's suicide, which was not established in this case.
The appellate court upheld the trial court's acquittal due to insufficient evidence of abetment of suicide and cruelty, emphasizing the presumption of innocence and the burden of proof on the prosecu....
The prosecution must prove beyond reasonable doubt that the accused's actions directly abetted the suicide, with evidence of cruelty being essential for conviction under IPC Sections 498-A and 306.
In acquittal appeals, the presumption of innocence is paramount, and the appellate court should not interfere unless the trial court's conclusions are unreasonable or perverse.
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