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RAJ BEER SINGH
Adarsh Yadav – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
RAJ BEER SINGH, J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record.
2. This application under Section 482 Cr.P.C. has been preferred against order dated order dated 30.04.2024, passed by the learned Additional District and Sessions Judge, Court No. 21, Prayagraj, in Sessions Trial No. 1286 of 2022, arising out of Case Crime No. 122 of 2022, under Sections 498-A, 304-B I.P.C. and Section 3/4 Dowry Prohibition Act, 1961, Police Station Kotwali, District-Prayagraj, whereby the application filed by applicant under Section 227 Cr.P.C. for discharge has been rejected.
3. It is submitted by learned counsel for applicant that impugned order is against facts and law and thus, liable to be set aside. As per prosecution version, the marriage of deceased has taken place with one Rohit Yadav and that there is no credible evidence that she has obtained divorce from said Rohit Yadav. In fact the deceased has started living with applicant in live-in relationship and no marriage has taken place between deceased and applicant. It was also pointed out that even a period of one year has not been passed since the marriage of dec
The absence of a valid marriage does not exempt an accused from liability under dowry laws if the parties lived together as husband and wife.
The main legal point established is that for a charge under Section 304-B, there must be evidence of cruelty or harassment in connection with dowry demand, and in the absence of such allegations, no ....
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 absence of prima facie evidence of dowry harassment and the admission by the complainant of lodging the FIR under misunderstanding led to the quashing of the criminal proceedings.
The main legal point established in the judgment is the application of the provisions of Section 304-B of the IPC and Section 113-B of the Indian Evidence Act to establish the presumption of dowry de....
The prosecution must prove cruelty or harassment for dowry demand soon before death to sustain a conviction under Sections 304-B and 498-A IPC; insufficient evidence leads to acquittal.
(1) Demand for money for construction of house falls within definition of dowry.(2) When dealing with cases under Section 304-B IPC, a provision legislated to act as a deterrent in society and curb h....
The court upheld the framing of charges for dowry death, finding sufficient evidence of cruelty and demand for dowry leading to the deceased's unnatural death within seven years of marriage.
(1) Dowry death – “Soon before” cannot be interpreted to mean “immediately before”, rather prosecution has to show that there existed a “proximate and live link” between cruelty and consequential dea....
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