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Conviction in Dowry offences can be based solely on circumstantial evidence alone

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Vijay Kumar Arora v State Govt. of NCT of Delhi – Citation: (2010)2SCC353

There must be a chain of evidence so complete as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused and must show that in all human probability the act must have been done by the accused; and where the various links in a chain are in themselves complete, then a false plea or a false defence may be called into aid only to lend assurance to the Court. As per father of the deceased, the deceased was subjected to physical and mental cruelty for bringing insufficient dowry. According to the said witness, he had given dowry worth Rs. 75,000/- to the appellant and his family members at the time of marriage of the deceased. On one occasion, the deceased was asked to bring gold set for her mother in law though the father could only arrange for a gold chain. The husband had demanded scooter from the deceased and he was not able to meet the said demand of the appellant because of his weak financial conditions.

The appeal was dismissed by the SC and appellant’s conviction and sentence for life imprisonment and fine of Rs. 2000/- under Section 302 IPC was confirmed. Further, applying the principle laid down in Surinder Kumar v. State (Delhi Administration) AIR 1987 SC 692 to the facts of the present case, the SC stated that it became clear that if the stove had burst as suggested by the defence, the deceased would not have sustained burns on the face, neck, trunk, upper limbs etc. and her clothes would not have been found containing kerosene oil.

Vijay Kumar Arora vs State Govt.Of Nct Of Delhi

1 COMMENT

  1. 304(b) men saja keval 7 year ki hai. jabki anya IPC 302 me 14 year to 20 year ho sakti hai IPC 304(b) men saja itani kam qun hai.

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