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Anil – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
AJAI TYAGI, J.
1. This appeal has been preferred against the judgment and order dated 08.11.2016 passed by Additional Sessions Judge/Special Judge, E.C. Act, Budaun in Session Trial No. 826 of 2013, arising out of Case Crime No. 100 of 2013, Police Station-Ughaiti, District-Budaun, whereby the appellant was convicted and sentenced under Section 302 IPC for life imprisonment along with fine of Rs. 20,000/- in default of the payment of fine to further undergo one year simple imprisonment.
2. The brief facts of the case as culled out from the record are that a written report is filed at Police Station-Ughaiti, District-Budaun with the averment that the marriage of sister of the informant was solemnised with appellant Anil, in which dowry was given as per his financial condition but the in-laws of his sister started demanding Rs. 50,000/- as additional dowry. On 24.06.2013 at about 4:00 pm he received, a call phone from the neighbour of his sister that his sister has been done to death by her in-laws for want of dowry. On hearing the news, he reached to the matrimonial home
The burden of proof lies with the prosecution in cases of dowry death, and circumstantial evidence must be conclusive to establish guilt beyond reasonable doubt.
The prosecution must establish basic facts before invoking Section 106 of the Evidence Act; failure to do so results in the benefit of doubt for the accused.
The court established that in dowry death cases, the prosecution must prove a proximate link between dowry demands and the victim's death, shifting the burden of proof to the accused.
The provisions of Section 106 of the Evidence Act itself are unambiguous and categoric in laying down that when any fact is especially within the knowledge of a person, the burden of proving that fac....
Advocates appeared :For the Appellant : Vivek Singh For the Respondent : Kamal Kumar Tiwari
(1) Courts are expected to be sensitive in cases involving crime against women.(2) Burden of proof – Ordinary rule that applies to criminal trials that onus lies on prosecution to prove guilt of accu....
The burden of proof under Section 106 of Indian Evidence Act and the principles of proper sentencing and the reformative approach underlying in the criminal justice system were the main legal points ....
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