suicide by the deceased. The learned
Counsel submitted that presumption under Section 113A of
the Indian Evidence Act, 1872 is not attracted in the case ... trial Court has
convicted the appellant by taking recourse to section 113A of
the Indian Evidence Act. He submitted that only for the
reason that
Section 113A in The Maharashtra Industrial Relations Act, 1946
113A. Dismissal of certain applications for want of prosecution.
The Registrar may, after giving fifteen days
period of seven years of her marriage, the
presumption under Section 113A of the Evidence
Act would not automatically apply. The legislative
mandate is that ... wherein this Court has examined the
scope of Section 113A of the Evidence Act and
Sections 306, 107 , 498-A etc. and held that,
unlike
2002 Page 4 of 10
Section 113A of the Evidence Act have not been fulfilled in the
present case inasmuch as the date of marriage ... persons under
Section 306 IPC, it would be compelling to reproduce Section 113A of
the Indian evidence Act herein :
113A. Presumption as to abetment
2002 Page 4 of 10
Section 113A of the Evidence Act have not been fulfilled in the
present case inasmuch as the date of marriage ... persons under
Section 306 IPC, it would be compelling to reproduce Section 113A of
the Indian evidence Act herein :
113A. Presumption as to abetment
2002 Page 4 of 10
Section 113A of the Evidence Act have not been fulfilled in the
present case inasmuch as the date of marriage ... persons under
Section 306 IPC, it would be compelling to reproduce Section 113A of
the Indian evidence Act herein :
113A. Presumption as to abetment
contracting
marriage with the bail applicant thereupon the presumption
enshrined in Section 113A of the Indian Evidence Act provisions
whereof stand extracted hereinafter getting squarely ... hence prima facie proved the allegations
constituted in the FIR.
"113A. Presumption as to abetment of suicide by a married woman-
of
When
offence of Section 304-B IPC and that of
Section 113A of Indian Evidence Act for the offence of Section 306
IPC, charge for which
therefore, the present is a fit
case to raise presumption under Section 113A of the Evidence Act to
presume that the suicide committed ... argue that in view of
presumption available under Section 113A of the Evidence Act, the onus
to dislodge the prosecution case shifted to the accused
presumption as to abetment of suicide by a married woman under
section 113A Evidence Act would come into play. He relied on the
State ... having suffered any beatings. He further submitted that the
presumption under section 113A of the Evidence Act would be attracted
only if the prosecution
