Supreme Court · 2013 INSC 427 · Decided 3 July 2013
S. Anil Kumar @ Anil Kumar Ganna v. State of Karnataka
- Court
- Supreme Court of India
- Citation
- 2013 INSC 427 · [2013] 7 S.C.R. 408
- Case number
- CRIMINAL APPEAL No. 937/2006
- Decided
- 3 July 2013
- Bench
- A.K. PATNAIK, S. J. MUKHOPADHAYA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 304, 3, 4; Evidence Act Section 113
Headnote
PENAL CODE, 1860: ss. 304-8 and 498-A - Suicide committed by bride in her matrimonial home - Acquittal by trial court - Conviction of husband by High Court - Held: Once prosecution failed to prove the basic ingredients of harassment or demand of 0 dowry and the evidence brought on by trial court, it was not open to High Court to convict the appellant on presumption referring to s. 113-A or s. 113-8 of Evidence Act -- Presumption of innocence of accused being primary factor, in absence of exceptional compelling circumstances and perversity of the judgment, it was not open
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