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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Rajiv Gupta, Vikas Budhwar
State Of Up – Appellant
Versus
Manish Kumar – Respondent
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 judgment and the order dated 2.3.2023 passed by the court of Session Judge, Auraiya in Sessions Trial No. 174 of 2018, State vs. Manoj Kumar and others arising out of Case Crime No. 75 of 2018 , under Sections 4 98A, 304B , 302 IPC and Section 4 of the Dowry Prohibition Act, P.S. Sahayal, District Auraiya acquitting the accused respondents.
Facts
2. The prosecution theory in brief is that on 20.3.2017, Ashok Kumar (first informant), lodged a first information report in Police Station Sahayal, District Auraiya alleging that his daughter Neeta (victim) solemnized marriage on 29.1.2016 with the accused (A-1), Manish Kumar, son of Brij Kishore Pal, resident of village Gadhaiya, Police Station Sahayal, District Auraiya . It is further alleged that gifts were offered to the groomside as per his status. However, the accused, (A-1) Manish Kumar, his father Brij Kishore Pal, father-in-law of the deceased (victim), accused (A-2) Rajeshwari, mother-in-l
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]
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.
Prosecution must prove demand for dowry and harassment soon before death to establish guilt under Section 304B IPC; absence of such evidence leads to acquittal.
The central legal point established in the judgment is the requirement for the prosecution to prove cruelty or harassment for dowry soon before the death of the woman in cases of dowry death under Se....
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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