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june 2007

Supreme Court of India · 2007-06-12

ASHOK KUMAR vs GOVERNMENT OF N.C.T. OF DELHI .

Citation / case number
SC 2002/5038
Court
Supreme Court of India
Petitioner
ASHOK KUMAR
Respondent
GOVERNMENT OF N.C.T. OF DELHI .
Author
ARIJIT PASAYAT
Bench
P.P. NAOLEKAR DR. ARIJIT PASAYAT

Judgment text excerpt

The Supreme Court held that the conviction of the appellant under Section 304B IPC could not be sustained as the marriage occurred more than 10 years prior to the death, thus failing to meet the statutory presumption related to dowry death. The Court noted that co-accused were acquitted due to insufficient evidence, and the burden of proof shifted to the appellant, which was not met. Consequently, the High Court's order was set aside, leading to the appellant's acquittal and discharge of bail bonds.

ASHOK KUMAR vs GOVERNMENT OF N.C.T. OF DELHI . · Niyam