wife died few months after the
marriage and the presumption under Section 113A of the Evidence Act could
be raised. Section 113A of the Evidence ... reads as follows:
“113A. Presumption as to abetment of suicide by a married
woman.- when the question is whether the commission of suicide
after extracting the
relevant provisions as well as Section 113A of the Evidence Act, has
held the appellant guilty of the offences under Section ... Sections
498-A and 306 of the IPC as well as Section 113A of the Evidence Act
which are extracted below:
“Section 498-A. Husband
State tried to fortify
her above referred submission by relying on Section 113A of the
Indian Evidence Act, 1872 (for short ‘the Evidence Act ’) which ... fact that the High Court has laid much
emphasis on Section 113A of the Evidence Act.
24. Section 113A of the Evidence Act reads thus
intended to cover all
cases of suicide in view of Section 113A of the Evidence
Act (which was brought ... offence. In the present context it is
advantageous to read Section 113A of the Evidence Act. It
is extracted below:
113A.Presumption as to abetment
introduction of S. 493A of the I.P.C.
and S. 113A of the Indian Evidence Act, the proof must be
beyond any shadow ... date of her marriage in accordance with
the provisions of Section 113A the Court may presume having
regard to all the other circumstances
month of the marriage, but there is no presumption available
under Section 113A of the Indian Evidence Act, 1872 that
Sadhna deceased committed suicide owing ... harassment or
torture by the accused. He submitted that provisions of
Section 113A of the Indian Evidence Act as inserted by Act No.
43/1983
easy to get. That is why the
legislature has by introducing sections 113A and 113B in the
Evidence Act tried to strengthen the prosecution ... caused the dowry death. [800F-G]
7. In the present case section 113A or 113B, Evidence
Act cannot be invoked as the prosecution
deceased died within seven years of
marriage and hence under Section 113A of the Evidence Act, the Court can
presume, having regard to all other ... years of the date of the marriage. Hence, a presumption under
Section 113A of the Evidence Act could be drawn.
24. Section 113A which
well as substantive, to combat the evil and has consequently
introduced Sections 113A and 113B in the Indian Evidence
Act , and section 498A and 304B ... place for us to refer here to the
addition of Sections 113A and 113B to the Indian Evidence
Act and Sections 498A and 304B
inserted
Sections 113A and 113B in the Act. They read as under :
113A. Presumption as to abetment of suicide
by a married woman.When ... section 304B , of the Indian Penal Code (45 of
1860).
19. Section 113A of the Act relates to offences under Sections
