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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
RAJIV GUPTA, MOHD. AZHAR HUSAIN IDRISI
State of U.P. – Appellant
Versus
Dharmendra – Respondent
JUDGMENT :
Rajiv Gupta, J.
1. Heard Shri Jitendra Kumar Jaiswal, learned AGA for the State/appellant and perused the trial court record.
2. The instant government appeal, under Section 3 78(3) CrPC, has been filed by the State of U.P. along-with an application for grant of leave to appeal against the judgment and order dated 16.02.2023 passed by Additional Sessions Judge/ F.T.C./ Special Judge (N.D.P.S. Act), Court No.2, Kaushambi, in Sessions Trial No. 172 of 2007 (State of U.P. Vs. Dharmendra and Others), arising out of Case Crime No. 180 of 2007, under Sections 4 98-A, 304-B IPC and Sections 3 /4 of Dowry Prohibition Act, Police Station Pipri, District Kaushambi, whereby the accused-respondents have been acquitted of all the charges framed against them.
3. The prosecution story, in brief, is that the first informant Shankar Lal married his daughter, Shimla Devi, with one Dharmendra, son of Purushottam, about one year back and recently about 17 days back, she had given birth to a female child. On 30.06.2007, an information was given by Shankar Lal (PW-1) that her daughter Shimla has died at her matrimonial home on account of sustaining burn injuries.
4. On the basis of the said infor
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.
The prosecution must prove dowry demands and cruelty beyond reasonable doubt for a conviction under Sections 498A and 304B IPC; mere allegations are insufficient.
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 main legal point established in the judgment is that the prosecution must prove the allegations beyond reasonable doubt, and in this case, the evidence did not establish the guilt of the accused ....
Point of Law : Prosecution has failed to prove the guilt against the accused. [Para 39]
In criminal cases based on circumstantial evidence, the prosecution must establish a complete and conclusive chain of circumstances that excludes every reasonable hypothesis of innocence, and mere su....
The prosecution must establish the demand for dowry, harassment, and a nexus between the two, beyond all reasonable doubt. Additionally, abetment in cases of suicide requires clear and cogent evidenc....
The main legal point established is the requirement for specific allegations and the burden of proof on the prosecution to establish the ingredients of dowry death, as well as the need for strong, co....
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