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Supreme Court of India 2019-08-07 allowed

Mahesh Kumar vs State of Haryana

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

In this criminal appeal concerning the death of a woman allegedly caused by dowry-related cruelty, the Supreme Court set aside the conviction of the appellant under Section 304-B IPC. Although the appellant had been convicted at trial, the Court found that witness statements alone were insufficient to prove the essential elements of dowry demand and cruelty without independent corroborating evidence. The Court observed that available evidence had not been examined by the prosecution. Since the foundational proof of dowry-related cruelty was lacking, the statutory presumption under Section 113-B of the Evidence Act could not apply. The appeal was allowed, the conviction was set aside, and the appellant was released.

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Criminal Law Dowry Section 304-B IPC Cruelty Evidence Presumption Beyond Reasonable Doubt

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