Amrutlal Liladharbhai Kotak & Ors. Vs. State of Gujarat
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Head Note
Indian Penal Code,1860 - Section 304-B , Section 498-A
A reasonable apprehension can be raised, for that the accused committed a crime under Section 304B of the IPC and a presumption can be raised under Section 113 B of the Indian Evidence Act, since seven years of marriage had not been completed - Since crimes are generally committed in the privacy of residential homes, it is not easy to gather direct evidence in such cases. That is why the legislature has by introducing Sections 113A and 113B of the Indian Evidence Act, tried to strengthen the prosecution hands by permitting a presumption to be raised if certain foundational facts are established and the unfortunate event has taken place within a period of seven years - The first criterion being that the suicide must have been committed within seven years of marriage. The second criterion is that the husband or some relative of the husband had subjected the victim to cruelty, which led to the commission of suicide by the victim. This is when Section 113A of the Indian Evidence Act indicates that in such circumstances, the Court may presume, having regard to all the circumstances of the case, that such suicide has been abetted by her husband or by such relative of her husband - It has been further proved that there was cruelty meted out to the deceased immediately before her unfortunate death - No reason to interfere with the impugned judgment passed by the High Court or the Trial Court.
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