{"id":234059,"date":"2020-08-17T14:25:25","date_gmt":"2020-08-17T08:55:25","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=234059"},"modified":"2020-08-17T14:25:25","modified_gmt":"2020-08-17T08:55:25","slug":"kar-hc-when-can-court-presume-under-s-113-a-evidence-act-that-dowry-death-has-been-caused-hc-explains","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2020\/08\/17\/kar-hc-when-can-court-presume-under-s-113-a-evidence-act-that-dowry-death-has-been-caused-hc-explains\/","title":{"rendered":"Kar HC | When can Court presume under S. 113-A Evidence Act, that dowry death has been caused? HC explains"},"content":{"rendered":"

Karnataka High Court:\u00a0<\/strong>A Division Bench of B.A. Patil and Hanchate Sanjeevkumar, JJ., upheld the decision of the trial court with regard to dowry death.<\/p>\n

By the instant criminal appeal, the decision of the Additional Sessions Judge, Gulbarga has been challenged.<\/p>\n

Counsel for the appellant-accused: Iswaraj S. Chowdapur<\/strong> and Additional State Public Prosecutor for respondent – State: Prakash Yeli<\/strong>.<\/p>\n

Dowry | Cruelty<\/span><\/h4>\n

Parents of Dattamma at the time of the marriage had given one tola of gold as dowry. After one year of when the dowry was given, the accused started subjecting Dattamma to cruelty contending that she doesn’t know how to cook and used to ask her to bring cash and gold from her parent’s house.<\/p>\n

The said fact of cruelty was conveyed by Dattamma to her parents who along with some elderly persons visited the accused and paid a sum of Rs 5000, but he continued to subject Dattamma to mental and physical cruelty.<\/p>\n

Later the accused poured kerosene and lit fire on Dattamma with the intention to commit murder. Afterwhich, she was taken to the hospital and sustained burn injuries.<\/p>\n

In view of the above-stated offence, the trial court had convicted the accused.<\/p>\n

Analysis and Decision<\/span><\/h4>\n

Bench while analysing the set of circumstances and submission placed stated that,<\/p>\n

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When the prosecution establishes its case with regard to ill-treatment and harassment said to have been caused by the accused and admittedly the death of the decased has also taken place within 7 years after the marriage, under such circumsatnces, a duty cast upon the Court to draw a presumption under Section 113 A of the Evidence Act that is dowry death.<\/span><\/p>\n<\/blockquote>\n

Demand of Dowry<\/span><\/h4>\n

In the present matter, Court relying on the proposition laid down in the decision of\u00a0C.M. Girish Babu v. CBI, <\/em>(2009) 3 SCC 779<\/a>, held that the prosecution has established that there was ill-treatment and harassment caused by the accused for the demand of dowry.<\/p>\n

Trial Court has rightly convicted the accused for the offences punishable under Section 498-A and 302 IPC and also under Section 3 of the Dowry Prohibition Act.<\/p>\n

Accused’s Counsel contended that the imprisonment itself is harsh and severe punishment under such circumstances the imposition of a heavy fine to a poor agriculturist is not justifiable and it is excessive fine which ought not to have been imposed.<\/p>\n

In view of the above stated, Court modified the fine imposed on the accused.<\/p>\n

The sentence imposed by the trial court for the offences punishable under Sections 498A and 302 of IPC and under Section 3 of the Dowry Prohibition Act was confirmed. [Baswaraj v. State of Karnataka, Criminal Appeal No. 354 of 2013, decided on 10-08-2020]<\/p>\n

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Also Read:<\/span><\/h3>\n

Cruelty to Women [S. 498-A IPC and allied sections]<\/a><\/p><\/blockquote>\n