https://www.taxtmi.com/caselaws?id=306591 The statutory presumption for dowry death under Section 113B of the Indian Evidence Act applies only after the prosecution proves foundational facts: death otherwise than under normal circumstances within seven years of marriage, and cruelty or harassment soon before death in connection with dowry demand. The burden to establish these prerequisites remains on the prosecution and cannot shift to the accused. On the evidence, the prosecution failed to prove the marriage date with reliable material, omitted available documentary support, and relied mainly on belated, interested oral testimony. The conviction was therefore unsustainable because the presumption could not be invoked and the offence was not independently proved. en-us Tue, 24 Feb 2004 00:00:00 +0530 Fri, 10 Feb 2023 13:19:39 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=306591 The statutory presumption for dowry death under Section 113B of the Indian Evidence Act applies only after the prosecution proves foundational facts: death otherwise than under normal circumstances within seven years of marriage, and cruelty or harassment soon before death in connection with dowry demand. The burden to establish these prerequisites remains on the prosecution and cannot shift to the accused. On the evidence, the prosecution failed to prove the marriage date with reliable material, omitted available documentary support, and relied mainly on belated, interested oral testimony. The conviction was therefore unsustainable because the presumption could not be invoked and the offence was not independently proved. Case-Laws Indian Laws Tue, 24 Feb 2004 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=306591