which the victim housewife committed suicide to rebut statutory presumption under Section
113A of the Evidence Act. Hence, the appeal is liable to be dismissed ... marriage, Mr. Ahmed has strongly relied on the statutory presumption under Section
113A of the Evidence Act and argued that as the appellants were unable
victim occurred seven years after marriage and, therefore, presumption under
Section 113A of the Evidence Act is not attracted in the facts of the case ... that it would be unsafe to draw the statutory presumption under Section
113A of the Evidence Act to the facts of the instant case.
Coming
victim occurred seven years after marriage and,
therefore, presumption under Section 113A of the Evidence Act is not
attracted in the facts of the case ... that it would be unsafe to draw the statutory
presumption under Section 113A of the Evidence Act to the facts of the
instant case.
Coming
victim occurred seven years after marriage and,
therefore, presumption under Section 113A of the Evidence Act is not
attracted in the facts of the case ... that it would be unsafe to draw the statutory
presumption under Section 113A of the Evidence Act to the facts of the
instant case.
Coming
cruelty within five years of
her marriage and in view of Section 113A of the Evidence Act the
respondents ought to have been held ... would compel
any person of ordinary prudence to commit suicide. Section 113A of the
Evidence Act provides that the Court may draw presumption against
marriage. It has been argued that in view of Section 113A of the Evidence Act it
ought to be presumed that the appellant had abetted ... commission of suicide of
the victim.
Section 113A of the Evidence Act reads as follows :-
"S.113-A. Presumption as to abetment of suicide
been reversed in many situations by creating
statutory presumptions like under sections 113A, 113B or 114 A of the Evidence
Act shifting the burden
facts of the case also attract the statutory presumption under
Section 113A of the Evidence Act which the appellant has failed to rebut during
trial
prosecution that in view of the statutory
presumptions under sections 113A / 113B of the Evidence Act, the prosecution
case is well established ... establish the conditions precedent necessary to attract statutory
presumptions under Section 113A / 113B of the Indian Evidence Act in the facts of
the case
forthcoming from the appellant to rebut
the statutory presumption under section 113A of the Evidence Act.
For the aforesaid reasons, I uphold the conviction
