proof
with regard to cruelty. In Sections 304B IPC
and Section 113B of Indian Evidence Act, the
expression employed is "it is shown that ... proving the
basic requirements of law as stated in Section 113B
29
Evidence Act and 304B of IPC , the probability or
otherwise of the defence
death" used in the substantive
Section 304B IPC and Section 113B of the Evidence
Act is present with the idea of proximity test ... requirement of law both
under Section 304B of the IPC as also under Section 113B
of the Evidence Act, we are of the considered opinion
judgment that, while considering the
case under Section 498-A (sic Section 304-B), cruelty has
to be proved during the close proximity of time ... Section 113B of the Indian Evidence Act,
1872, (hereinafter for brevity referred to as "the Evidence
Act ") and Section
order to attract Section 498A , 304B and
306 of IPC and Section 113A , 113B of Evidence Act, it
is very much essential that the prosecution ... demand of dowry, then only the
presumption under Section 113A and Section 113B of
the Evidence Act can be raised. In order to appreciate
proof
with regard to cruelty. In Sections 304B IPC
and Section 113B of Indian Evidence Act, the
expression employed is "it is shown that ... proving the
basic requirements of law as stated in Section 113B
29
Evidence Act and 304B of IPC , the probability or
otherwise of the defence
presumption has to be drawn under the provisions of
Section 113B of the Evidence Act, thereby the death of the
deceased attracts the provisions ... accused caused
the dowry death.
45. The provisions of Section 113B of the Evidence
Act is also relevant in the present case. Both Section 304B
charged was under Section
304-B of IPC regarding which a presumption is also
available under Section 113B of the Evidence Act. To
raise such ... straight jacket.
Further the scope of Section 304-B IPC and
presumption under Section 113B of Evidence Act has
been considered and due weightage
view of Section 106 of the Indian Evidence Act.
92. For ready reference, Section 106 of the Indian
Evidence Act is culled out hereunder ... Section 106 of the Evidence Act, but also duty is cast upon the
accused to dislodge the presumption available to the prosecution
under Section 113B
prosecution
witnesses or by adducing evidence on the
defence side.
22. Section 113B of the Evidence Act, 1872
speaks about presumption as to dowry death ... soon
before her death" used in Section 304B IPC
and Section 113B of the Evidence Act is present
with the idea of proximity test
Further, section 113B of the Evidence Act, 1872(for
short, 'the Evidence Act ') stipulates that, when the
question is whether a person ... State of Harayana11, that
presumption under section 113A of the Evidence Act,
unlike the presumption under section 113B of the
Evidence Act, is not mandatory
