Back
IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
SHAMIMA JAHAN
Alom Uddin Laskar S/o Late Siddeque Ali Laskar – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
SHAMIMA JAHAN, J.
1. Heard Mr. A.H. Algamgir, learned counsel for the appellant and Mr. M.P. Goswami, learned Addl. Public Prosecutor, Assam.
Facts:-
2. The fact of the instant case starts with lodging of an Ejahar on 11.06.2012 by the father of the victim, wherein it is alleged inter alia that ten years back, his daughter was married of to one Nasiruddin, who died and from the said wedlock, the victim had two children. After the death of the husband of the victim, the victim stayed in the house of her parents for about 7 years and during the said period, the appellant gave marriage proposal to her, which initially was not accepted. But, on repeated request, the victim married the appellant. Out of the said wedlock, one daughter was born. However, it is alleged that the appellant and his family members harassed the victim physically and mentally and demanded dowry since some days of the marriage. It is also alleged that on 03.06.2012, the appellant with the aim of re-marrying, caused various injures on various parts of the victim’s body. Seeing the appellant assaulting the mother, i.e. the victim, the son from her earlier marriage, came to rescue her, but the appellant assau
The court found that the evidence did not satisfy the criteria for dowry death; demand for money alleged was not linked to dowry, leading to acquittal under Section 304B IPC.
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 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.
To convict under Section 304-B IPC, it must be proven that the victim faced cruelty for dowry-related demands occurring soon before death, which was not established in this case.
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....
The main legal point established in the judgment is the expansive interpretation of the term 'dowry' and the application of the presumption under section 113B of the Evidence Act in cases of dowry de....
The main legal point established in the judgment is that to convict an accused under Section 304-B IPC, the prosecution must prove that the deceased was subjected to cruelty or harassment in connecti....
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
