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Supreme Court of India 2018-02-12 allowed

Dinesh Kumar Kalidas Patel vs State of Gujarat

Bench: 2 — Kurian

In Brief

A man was convicted under Section 201 IPC (causing disappearance of evidence) after his wife's suicide in 1990, even though the High Court had acquitted him under Section 498A IPC (cruelty). The Supreme Court held that while Section 201 can apply independently, the prosecution must prove four essential elements: the commission of an offence, the accused's knowledge of it, intentional disappearance of evidence, and intent to screen the offender. Mere non-reporting of the death or non-performance of post-mortem is insufficient. Since the wife's family suspected no crime, the prosecution failed to establish the required elements. The Court set aside the conviction under Section 201, allowing the appeal.

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