Legal provisions involved: Section 304B of IPC, Section 498A of IPC, Section 3 and 4 of Dowry Prohibition Act, 1961 and Section 113B, Indian Evidence Act, 1872.
Judgment by: The Supreme Court
Bench: Justices B.V. Nagarathna and R. Mahadevan
Facts
The deceased, Aastha @ Saarika, married the accused on February 22, 2023, and died under suspicious circumstances on June 5, 2023, just four months after marriage. The father of the deceased filed an appeal against the Allahabad High Court, which had granted bail to the accused husband. The prosecution alleged that Aastha was harassed for dowry, including demands for a luxury car, and was poisoned, which was confirmed by forensic reports.
Key legal provisions
- Section 304B, IPC (Dowry Death)
- Section 498A, IPC (Cruelty by Husband/Relatives)
- Sections 3 & 4, Dowry Prohibition Act, 1961
- Section 113B, Indian Evidence Act, 1872
Issues raised
- Whether bail can be granted in a dowry-death case where the woman dies within seven years of marriage, considering the mandatory presumption under Section 113B of the Evidence Act?
Arguments of the case
The father of the deceased argued that Section 113B presumes dowry-related death and the High Court ignored this. The defense claimed there was delay in filing the FIR, no initial dowry complaint, and the actual cause of death needed to be determined during trial.
Judgement
The Apex Court cancelled the bail, holding that Section 113B creates a strong presumption in dowry-death cases within seven years of marriage. It emphasized that bail orders in such cases cannot be given lightly, and the presumption must be strictly applied.
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