Excelsior Correspondent
JAMMU, Sept 3: High Court of Jammu & Kashmir and Ladakh has set-aside the order/judgment dated 26th November, 2013 passed by Principal Sessions Judge, Bandipora as also an order dated 29.11.2013 whereby and where-under the appellant Showket Ahmad Rather was convicted in dowry death case.
Justice Sanjeev Kumar, while setting aside the conviction, observed that the term “the court may presume, having regard to all other circumstances of the case, that such suicide has been abetted by her husband, would clearly indicate that the presumption is discretionary”.
“Mere fact that the deceased committed suicide within a period of seven years of her marriage, presumption under Section 113-A of the Evidence Act would not automatically apply. The legislative mandate is that where a woman commits suicide within seven years of her marriage and it is shown that her husband or any relative of her husband had subjected her to cruelty as defined under Section 498-A, presumption under Section 113-A of the Evidence Act may be raised having regard to all the circumstances of the case that such suicide had been abetted by her husband or any relative of her husband”, High Court observed.
Justice Sanjeev Kumar further said, “as against the presumption that is raised under Section 113-A, presumption under Section 113-B of the Evidence Act is mandatory. Therefore, when presumption under Section 113-A is raised, the prosecution must show evidence of cruelty and continuous harassment in that regard”, adding “from the evidence on record, it is difficult for this court to say that there is enough material on record to conclude that the deceased was subjected to harassment with a view to coercing her to meet the demand of dowry”.
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