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RAMESH SINHA, RENU AGARWAL
State of U. P. – Appellant
Versus
Virendra – Respondent
JUDGMENT :
Renu Agarwal, J.
1. This present appeal is filed by the State under Section 378 of Cr.P.C. against the judgment and order dated 13.05.1993 passed by 4th Additional Sessions Judge, Hardoi in Sessions Trial No. 163 of 1992 whereby acquitting the accused-respondent under Sections 498-A, 304B IPC read with Sections 3/4 of Dowry Prohibition Act, Police Station Arval, District Hardoi.
2. Shorn off unnecessary fact, the FIR discloses that the cousin sister of complainant, namely, Sushila, was married to respondent-Virendra as per Hindu rites and rituals. Dowry was also given in the marriage but accused-respondent-Virendra, Mansa Ram and Smt. Marro, mother of the accused Virendra were not happy with the dowry given by the parents of the deceased. The accused was demanding motorcycle in dowry and on account of this demand, the accused-respondent sent back the complainant’s sister to her parental home. His cousin complained about the demand of dowry by accused-respondent and they tried to mediate the matter with accused-respondent but his cousin, namely, Sushila (now deceased) was not accepted by the accused-respondent without motorcycle. Later on, the deceased was sent to her in-law
The judgment reaffirms the presumption of innocence in favor of the accused in acquittal appeals and underscores the requirement for clear and compelling evidence to overturn a judgment of acquittal.
The presumption of innocence, the need for clear evidence to prove guilt, and the reluctance to disturb a finding of acquittal unless it is perverse or unsustainable in law.
The main legal point established in the judgment is the presumption of innocence, the requirement of proving cruelty or harassment for dowry, and the appellate court's reluctance to interfere with th....
The court emphasized the need for the accused to explain the injuries and the circumstances of the death, and highlighted the presumption under Sec. 113-B of the Indian Evidence Act.
Point of Law : The scope of Section 378 of Cr.P.C., in dealing with an appeal against the order of acquittal is to be borne in mind.
Point of law: In any event High Court entertained an appeal treating to be an appeal against acquittal, it was in fact exercising the revisional jurisdiction. Even while exercising an appellate power....
The prosecution must prove dowry demands and cruelty beyond reasonable doubt for a conviction under Sections 498A and 304B IPC; mere allegations are insufficient.
The court upheld that the prosecution failed to establish key elements of dowry harassment and death within seven years, maintaining the presumption of innocence for the accused.
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