Presumption in dowry death to be backed by cruelty proof: SC

November 20, 2016

New Delhi, Nov 20: The presumption of culpability against an accused in a dowry death case under the Evidence Act would be "activated" only when there is a proof that a deceased woman had been subjected to cruelty for demand of dowry, the Supreme Court has ruled.

DowryThe provision to secure convictions in dowry death cases was inserted in the Evidence Act, which provides that instead of presumption of innocence, the accused would be presumed prima facie guilty in such homicides if a woman dies within seven years of marriage and there is proof of cruelty.

In a major verdict, a bench of Justices Dipak Misra and Amitava Roy has said if prosecution fails to prove by coherent evidence that an accused charged in a dowry death case has harassed the woman to demand dowry, the person cannot be held guilty by taking refuge of presumption under the Act.

"The presumption (under section 113B of the Evidence Act) as to dowry death thus would get activated only upon the proof of the fact that the deceased lady had been subjected to cruelty or harassment for or in connection with any demand for dowry by the accused and that too in the reasonable contiguity of death," the bench said.

"Such a proof is thus the legislatively mandated prerequisite to invoke the otherwise statutorily ordained presumption of commission of the offence of dowry death by the person charged therewith," it said, while acquitting some in- laws of a woman who was found hanging in her matrimonial house in 1996.

The petitioners, who were initially acquitted by the trial court, had approached the apex court against their conviction by the Madhya Pradesh High Court under sections 498-A (husband or relative of husband of a woman subjecting her to cruelty) and 304-B (dowry death) of the IPC.

The husband of the deceased woman had committed suicide in June 1998 when the case was pending before the trial court. The prosecution had claimed that the husband and in-laws of the deceased woman were demanding dowry and had subjected her to harassment and torture.

In its judgement, the apex court also said that proof of cruelty or harassment by the husband, his relatives or persons charged in dowry death cases was a 'sine qua non' (indispensable condition) to inspirit the statutory presumption.

"If the prosecution fails to demonstrate by cogent, coherent and persuasive evidence to prove such fact, the person accused of either of the above referred offences cannot be held guilty by taking refuge only of the presumption to cover up the shortfall in proof," it said.

In the present case, the bench said the prosecution had failed to prove the crucial ingredient of cruelty and harassment by direct and cogent evidence and conviction of these persons on the basis of materials on record "would not be out of risk".

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
May 19,2020

Bareilly (UP), May 19: Samajwadi leader Chhotelal Diwakar and his son, Sunil Diwakar, were shot dead in broad daylight in Sambhal district of Uttar Pradesh on Tuesday. The entire incident was caught on camera.

The murder was apparently a fallout of a dispute over laying of a road under MGNREGA.

Chhotelal Diwakar had contested the 2017 assembly elections on a Samajwadi Party ticket.

Superintendent of Police, (SP), Sambhal, Yamuna Prasad, said, "Some work was being carried out under MGNREGA due to which some dispute happened. Two people have been shot dead. We will reach the spot of the incident to find more details."

According to his family members, Diwakar and his son had gone for a walk in the fields when the assailants came on a motorbike and after a brief altercation, shot them dead. They fled on foot, leaving their motorbike behind.

A large number of SP workers reached the village soon after the news of the double murder spread.

SP Yamuna Prasad who reached the spot that falls under Behjoi police station, soon after the murders, said that a manhunt has been launched for the assailants. He said that further investigations were underway and the bodies have been sent for post mortem.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
July 5,2020

Bhubaneswar, Jul 5: Odisha Police have arrested five persons including groom for gross negligence and violation of COVID-19 guidelines during his marriage procession in Berhampur.

"A case has been registered for violation of COVID-19 guidelines for organising a marriage procession with more than 50 guests in the premises of a hotel. They disregarded the compulsory use of mask and flouted social distancing norms," DIG Central Zone Satyabrata Bhoi said.

The incident happened on July 2.
"The case has been registered at Gopalpur PS under section 188/269/270 IPC, R/W Sec- 3 Epidemic Disease Act, and 34 IPC. Two vehicles used in the procession have also been seized. the arrested persons will be produced in the court," he added.

The District Collector has sealed the hotel for violating the COVID-19 norms.

Following the incident, the Chief Minister's office tweeted: "Odisha is in a crucial phase in the fight against COVID-19, hence, it is very essential that we all obey guidelines and regulations issued by State Government to contain the spread of COVID-19. Violation of the same would lead to strong action." 

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
March 28,2020

Hyderabad, Mar 28: Seven labourers from Karnataka were killed and four injured when the van in which they were travelling was hit by a truck near Pedda Golconda on the outskirts of the city late on Friday night, police said.

The deceased included two children. Of the 31 workers in the van, five died on the spot and two while undergoing treatment at a hospital, Assistant Commissioner of Traffic Vishwa Prasad said.
Four others were hospitalised and the condition of one of them is critical, he said, adding the other workers in the van escaped with minor injuries.

The workers were on their way back to their home town Raichur in Karnataka as the road project they were working in at Suryapet here was stalled due to the lockdown, Prasad said.

He said initital investigations revealed that the mango laden truck, which was on its way to Gujarat, was overspeeding.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.