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    <title>2006 (11) TMI 679 - Supreme Court</title>
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    <description>In a dowry death prosecution, the prosecution must prove an unnatural death within seven years of marriage and cruelty or harassment for dowry soon before death, after which the presumption under Section 113B of the Indian Evidence Act arises. That presumption is rebuttable, and on the evidence here the defence version, supported by the accused&#039;s statement and a defence witness, was found probable enough to displace it. The court also noted that the High Court had not meaningfully considered the defence evidence and that no direct evidence proved administration of poison by the accused. As two views on the evidence were reasonably possible, the benefit of doubt went to the accused, and the conviction under Sections 304B and 498A IPC was unsustainable.</description>
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    <pubDate>Tue, 07 Nov 2006 00:00:00 +0530</pubDate>
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      <title>2006 (11) TMI 679 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=196724</link>
      <description>In a dowry death prosecution, the prosecution must prove an unnatural death within seven years of marriage and cruelty or harassment for dowry soon before death, after which the presumption under Section 113B of the Indian Evidence Act arises. That presumption is rebuttable, and on the evidence here the defence version, supported by the accused&#039;s statement and a defence witness, was found probable enough to displace it. The court also noted that the High Court had not meaningfully considered the defence evidence and that no direct evidence proved administration of poison by the accused. As two views on the evidence were reasonably possible, the benefit of doubt went to the accused, and the conviction under Sections 304B and 498A IPC was unsustainable.</description>
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      <pubDate>Tue, 07 Nov 2006 00:00:00 +0530</pubDate>
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