498A , 304B and 306 IPC in his
written submissions along with section 113A and 113B
Indian Evidence Act, submitting that these sections are
attracted ... abetted her
to commit suicide and that in view of section 113A and
113B of the Indian Evidence Act, burden of proving the
innocence
Section 2 of the Dowry Prohibition Act, 1961 and
Section 113A and 113B of the Evidence Act, 1872.
S.304B. Dowry death. - (1) Where ... case of persons to whom the Muslim personal law
(Shariat) applies.
S.113A. Presumption as to abetment of suicide by a
married woman. - When
State of Rajasthan4 the Supreme Court has held that Section 113A of the Evidence Act relates to offences under Section 498A ... Section 304B I.P.C. There is a clear distinction between Sections 113A and 113B of the Evidence Act. Even under Section 113B the prosecution
pressed into service statutory
presumption as available to the prosecution under Section
113A of the Evidence Act. He also assailed the judgment and
order ... crystal
clear that the deceased died unnatural death as contemplated
under Section 113A of the Evidence Act.
8. By catena of decisions, which are pointed
marriage does not
ipso facto give rise to the presumption under Section 113A of the Evidence
Act that the suicide had been abetted ... which gives rise to a
statutory presumption against the appellants under Section 113A of the
Indian Evidence Act.
It is not in dispute that deceased
presumption as to
abetment of suicide by a married woman under Section 113A of
Indian Evidence Act, 1872, which reads thus:
"113A. Presumption ... husband."
11) The first requisite for attracting the presumption under
Section 113A of Evidence Act is, it must be proved that the wife
State vs Rohit Kumar on 6 August, 2018
IN THE COURT OF SHRI KULDEEP NARAYAN
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
respondent no.1 placed reliance on sections 40, 44,
46, 113A, 114, 115 and 126 of the MRTP Act.
38. Learned counsel for the respondent
recorded of the Respondent even under Section
306 IPC read with Section 113A of the IEA although no charge may have
been specifically framed ... years of her marriage would not straightway
attract the presumption under Section 113A of the IEA. The important
ingredient of showing that she had been
