seven years, therefore as per settled proposition
of law, presumption under Section 113A of the
Evidence Act would not come into play, therefore
in absence ... presumption under Section 113A of
the Evidence Act, the prosecution has to prove its
case on the basis of direct, clear, cogent and
convincing evidence
fact that the High
Court has laid much emphasis on Section 113A of
the Evidence Act.
27. Section 113-A of the Evidence Act reads ... thus:-
"113A. Presumption as to abetment of suicide
by a married woman.─When the question is
whether the commission of suicide by a woman
since
the matrimonial life was of six years, the
presumption under Section 113A of the Evidence
Act is required to be drawn. Mr. Patel stated ... Section 113B is for presumption as to dowry
death. Section 113A of the Indian Evidence Act,
1872 is for presumption as to abetment of
suicide
raised, the foundation thereof must exist. A bare reading of Section 113A shows that to attract applicability of Section 113A, it must be shown that ... expression "the other circumstances of the case" used in Section 113A suggests the need to reach a cause-and-effect relationship between
having abetted Seema into committing suicide. The prosecution has relied on Section 113A of Evidence Act which reads as under:
113A. Presumption as to abetment ... raised, the foundation thereof must exist. A bare reading of Section 113A shows that to attract applicability of Section 113A, it must be shown that
charge under Section 306 Indian Penal Code, and therefore, presumption under Section 113A of Evidence Act cannot be drawn and consequently a conviction under Section ... attract Section 306 Indian Penal Code also. That apart, what all Section 113A of Evidence Act says is that the Court, having regard
entire household work along at her matrimonial house. He relied
on section 113A of the Indian Evidence Act, 1872, to submit that
presumption was required ... period was
little more than two years only, the presumption under section 113A
of the Indian Evidence Act would attract. The said provision raises
support of this submission, learned
APP has put reliance upon Section 113A of the
Indian Evidence Act and submitted that considering
the above factual aspects
only 4 years and therefore,
appropriate inference under the provisions of Section 113A of
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case of suicidal death of a
married woman as provided under Section 113A of the Indian Evidence Act
(Evidence Act). In such facts and circumstances ... present case falls
under Section 113A of the Evidence Act and the husband and the relatives
of her husband subjected her to cruelty. Therefore
