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Ashok Kumar vs State Of N C T Of Delhi And Ors

Supreme Court Of India|12 June, 2007
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JUDGMENT / ORDER

Summary

Issue: Burden of proof in criminal cases
Rule: Section 113-A of the Evidence Act, Section 4 of the Dowry Prohibition Act
Application: The prosecution has not provided sufficient evidence to prove the accused's guilt beyond a reasonable doubt
Conclusion: The conviction cannot be maintained, and the order of the High Court is set aside
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 1 CASE NO.:
Appeal (crl.) 552 of 2002 PETITIONER:
Ashok Kumar RESPONDENT:
State of N.C.T. of Delhi and Ors. DATE OF JUDGMENT: 12/06/2007 BENCH:
Dr. Arijit Pasayat & P.P. Naolekar JUDGMENT:
JUDGMENT DR. ARIJIT PASAYAT, J.
Having heard the learned counsel for the respondent-State, we find that the conviction of the appellant cannot be maintained. It is to be noted that the co-accussed persons were acquitted of all the charges as evidence was not sufficient to substantiate the accusation. Additionally burden has been put on the accused-appellant to show as to under what circumstances the death was caused. The presumption in such matters is relateable to a death occuring within seven years of marriage. Admittedly, the marriage in the present case was solemnised more than 10 years before the date of occurrence. That being the position, the order of the High Court is not sustainable and the same is set aside. The appellant is entitled to acquittal. The bail bonds of the accused executed for the purpose of bail in terms of the order dated 15.07.2002 shall stand discharged.
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Title

Ashok Kumar vs State Of N C T Of Delhi And Ors

Court

Supreme Court Of India

JudgmentDate
12 June, 2007
Judges
  • Arijit Pasayat
  • P P Naolekar