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
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
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
Both Courts have
mechanically applied the presumption under Section 113A of the
Indian Evidence Act. Barely the death of a married woman within
seven years ... marriage, the presumption under Section 113A of the
Indian Evidence Act does not apply. The test to apply this
presumption
till she committed suicide on 26.09.1994 and therefore no presumption
under Section 113A of the Indian Evidence Act could be raised against
the appellant. Placing ... appellant alleging
harassment and cruelty and therefore the presumption under Section
113A of the Evidence Act was rightly raised by the High Court for
convicting
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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within a short span of marriage and,
therefore, the inference of Section 113A of the Indian Evidence
Act ought to have been inferred against ... 2024
undefined
"14. Though it is true that as per Section 113A of the Evidence
Act, when the question arises as to whether commission
therefore, the trial court ought to have drawn the
inference under Section 113A of the Indian Evidence Act,
however, the trial court has failed ... offence under section 306 of IPC by
raising presumption under Section 113A of the Evidence Act. In
this regard, it is apposite to rely upon
this stage, this Court would like to refer to
Section 113A of the Indian Evidence Act, which
deals with 'Presumption as to abetment ... suicide
by a married woman'. Section 113A reads as under,
"113A: When the question is whether the
commission of suicide by a woman
