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SHREE CHANDRASHEKHAR, ANUBHA RAWAT CHOUDHARY
Nagwant Prasad Gupta son of Suresh Prasad – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Anubha Rawat Choudhary, J.
Shashi Prasad, the husband of the victim, was put on trial in ST Case No.222 of 2012 on the charge under Section 306 of the Indian Penal Code and has been acquitted of the aforesaid criminal charge by the impugned judgment dated 27th May 2016 rendered by the District & Additional Sessions Judge-VI at Gumla.
2. Nagwant Prasad Gupta who is the informant of Sisai P.S. Case No.30 of 2012 being aggrieved by the judgment dated 27th May 2016 passed in ST Case No.222 of 2012 has filed the present acquittal appeal by virtue of the proviso to section 372 of the Code of Criminal Procedure, 1973.
Findings of the trial Court in the impugned judgment:
3. The trial Judge disbelieved the prosecution case of abetment of suicide to the victim by the accused and the testimony of the related witnesses and held as under:
The prosecution must prove clear evidence of abetment for a conviction under Section 306 IPC; vague allegations of cruelty do not suffice for presumption under Section 113-A of the Evidence Act.
The need for cogent and convincing evidence to draw the presumption for the offence under Section 498A or under the Dowry Prohibition Act, and the discretionary nature of the presumption under Sectio....
(1) There is nothing unnatural for a victim of domestic cruelty to share her trauma with her parents, brothers and sisters and other such close relatives. Evidentiary value of close relatives/interes....
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 ....
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.
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 prove charges beyond reasonable doubt; mere allegations of harassment are insufficient for conviction under IPC sections related to abetment of suicide.
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