Back
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J. C. DOSHI
State Of Gujarat – Appellant
Versus
Ushaben Visaji Natuji Bihola – Respondent
JUDGMENT :
J. C. Doshi, J.
1. In Sessions Case No. 39 of 2010, the learned Additional Sessions Court, Gandhinagar by judgment and order dated 31.8.2012, acquitted the accused Visaji Natuji Bihola and Ushaben Visaji Natuji Bihola respectively father- in-law and mother-in-law of the deceased, Sonalben Dilipsinh.
2. State of Gujarat being a premier prosecuting agency, being aggrieved and dissatisfied by the judgment and order in the Sessions Case, choses to file appeal, only against the accused Ushaben Visaji Natuji Bihola under Section 3 78 (1) (3) of the CRIMINAL PROCEDURE CODE , by way of this appeal, however, did not choose to assail the judgment and order recording the acquittal of father-in-law Visaji Natuji Bihola .
3. Brief facts of the case are as under :
3.1 The deceased, Sonal Dilipsinh married to her husband and she was living separately with her husband and daughter Khushi in the upper floor of the matrimonial home. She gave her complaint on 13.1.2010 to the Dy. S.P, Gandhinagar in Krishna Hospital, Naroda, alleging that after a span of 4 months of the marriage, her mother-in-law started meting cruelty and harassed her on the grounds that her parents did not give anything as
For a conviction under IPC Section 306, there must be clear evidence of instigation by the accused that led the victim to perceive suicide as her only option; vague claims of harassment are not suffi....
Vague and general allegations of cruelty or harassment are insufficient for conviction under Sections 306 and 498-A IPC; specific instances must be established.
Insufficient evidence of cruelty and instigation led to the upholding of acquittal in a suicide case.
Conviction under sections 498A and 306 requires concrete evidence of cruelty and direct acts of abetment; mere allegations and delays in FIR are insufficient for a successful prosecution.
The judgment underscores the importance of establishing the specific elements of cruelty and abetment as required by the relevant legal provisions, and the discretionary nature of the presumption und....
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 ....
To convict for abetment of suicide, there must be clear evidence of instigation or direct action by the accused proximate to the suicide, demonstrating mens rea; mere allegations of harassment are in....
Abetment of suicide requires direct evidence of incitement or provocation near the time of the act, rather than merely historical instances of harassment or cruelty.
To establish abetment of suicide under IPC, there must be clear evidence of instigation or encouragement; mere harassment lacks sufficient immediacy to constitute such abetment.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
