Supreme Court · 2007 INSC 692 · Decided 12 June 2007

Ashok Kumar v. State of N.C.T. of Delhi and ORS.

Court
Supreme Court of India
Citation
2007 INSC 692 · [2007] 7 S.C.R. 998
Case number
CRIMINAL APPEAL No. 552/2002
Decided
12 June 2007
Bench
ARIJIT PASAYAT, P.P. NAOLEKAR (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Criminal
Acts & sections cited
IPC; Evidence Act

Headnote

Evidence Act, 1872: s. I I 3B-Presumption under, is relatable to death occurring within 7 years of marriage--On facts, marriage was solemnized more than I 0 years before the death of wife-Hence, High Court's order convicting accused not sustainable-Pena/ Code, 1860-ss.304B and 498A. The present order upholding conviction under ss. 498-A and 304-B IPC. Allowing the appeal, the Court HELD: The conviction of the appellant cannot be maintained. The co- accused persons were acquitted of all the charges as evidence was not sufficient to substantiate the accusation. Additionally burden has

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