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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Rajiv Gupta, Vikas Budhwar
State Of Up – Appellant
Versus
Manish Kumar – Respondent
| Table of Content |
|---|
| 1. the case involves allegations of dowry-related offenses leading to the victim's death. (Para 1 , 2 , 3 , 4 , 5) |
| 2. witness testimonies detail the victim's experiences of dowry demands and maltreatment. (Para 6 , 7 , 8 , 9 , 10) |
| 3. formal witnesses confirm procedural aspects of the investigation and evidence collection. (Para 11 , 12 , 13) |
| 4. the defense presents evidence to counter the prosecution's claims regarding the victim's death. (Para 14) |
| 5. the court emphasizes the presumption of innocence and the burden of proof in criminal cases. (Para 15 , 16 , 17 , 18 , 19 , 20 , 21) |
| 6. the court analyzes the evidence and testimonies to determine the credibility of the prosecution's case. (Para 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46) |
| 7. the court affirms the trial court's acquittal of the accused, finding no grounds for appeal. (Para 47 , 48 , 49 , 50) |
JUDGMENT :
Vikas Budhwar, J.
1. Impugned in the present proceedings by way of Government Appeal No. 1062 of 2024 at the instance of State of U.P. and Appeal Under Section 372 of Cr.P.C. No. 254 of 2023, preferred by Ashok Kumar (Informant) is the
In dowry death cases, the prosecution must prove beyond reasonable doubt that the accused subjected the victim to cruelty related to dowry demands before her death, maintaining the presumption of inn....
The prosecution must prove dowry demands and cruelty beyond reasonable doubt for a conviction under Sections 498A and 304B IPC; mere allegations are insufficient.
Point of Law : Prosecution has failed to prove the guilt against the accused. [Para 39]
To convict under Section 304B IPC, evidence of specific instances of cruelty or harassment connected with dowry demands must be established; otherwise, lesser offences may be considered.
Point of Law : If two reasonable conclusions are possible on the basis of the evidence on record, the appellate court should not disturb the finding of acquittal recorded by the trial court.
The court ruled that to establish dowry death under Section 304B IPC, the prosecution must show cruelty for dowry was inflicted soon before the victim's death, with a clear link between the two.
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