accused cannot be convicted only with the aid of presumptions under
Sections 113A and 113B of the Evidence Act. However, the trial Court
convicted ... parties, a perusal of Sections 498A , 304B and 306 IPC and
Sections 113A and 113B of the Evidence Act would be required. The
same
accused cannot be convicted only with the aid of presumptions under
Sections 113A and 113B of the Evidence Act. However, the trial Court
convicted ... parties, a perusal of Sections 498A , 304B and 306 IPC and
Sections 113A and 113B of the Evidence Act would be required. The
same
accused cannot be convicted only with the aid of presumptions under
Sections 113A and 113B of the Evidence Act. However, the trial Court
convicted ... parties, a perusal of Sections 498A , 304B and 306 IPC and
Sections 113A and 113B of the Evidence Act would be required. The
same
intentional aid, the Court cannot mechanically
invoke the presumption under Section 113A of the Evidence Act to hold
that the accused abetted the commission ... settled legal principles and unsustainable in law.
73. The presumption under Section 113A of the Indian Evidence Act is not
automatic and cannot be mechanically
condition precedent' for applying the presumption under Section 113A of Evidence Act. This is what the Court observed:
"13. It is relevant ... that under Section 113B, the Court shall presume dowry death unlike Section 113A where the provision says that Court may presume abetment of suicide. This
facets
of the culpable conduct of the offender relatable thereto.
23. Section 113A of the Indian Evidence Act, 1872 permits a
presumption ... attributed to this expression in Section
498A IPC. For ready reference, Section 113A of the Indian Evidence
Act, 1882 is quoted hereunder as well
facets of the culpable conduct
of the offender relatable thereto.
23. Section 113A of the Indian Evidence Act, 1872 permits a
presumption ... attributed to this expression in Section 498A IPC.
For ready reference, Section 113A of the Indian Evidence Act, 1882 is
quoted hereunder as well
direct
evidence is not easy to obtain. Therefore, the legislature introduced Sections
113A and 113B in the IEA to strengthen the Prosecution by permitting ... legislative intent behind Sections 498A
and 304B IPC read with Sections 113A and 113B of the IEA, which is to
Signature Not Verified
Signed
APEAL-618-1998-J.doc
provision of Section 113A of Indian Evidence Act, which reads
thus:
"113A. Presumption as to abetment of suicide ... cruelty. This Court, therefore, would be
justified in presuming by invoking Section 113A of the Evidence
Act that such suicide has been abetted
crapeal-618-1998-J.doc
provision of Section 113A of Indian Evidence Act, which reads
thus:
"113A. Presumption as to abetment of suicide ... cruelty. This Court, therefore, would be
justified in presuming by invoking Section 113A of the Evidence
Act that such suicide has been abetted
