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july 2015

Supreme Court of India · 2015-07-03

BASISTH NARYAN YADAV vs KAILASH RAI

Citation / case number
SC 2007/15403
Court
Supreme Court of India
Petitioner
BASISTH NARYAN YADAV
Respondent
KAILASH RAI
Author
Pinaki Chandra Ghose
Bench
UDAY UMESH LALIT PINAKI CHANDRA GHOSE

Judgment text excerpt

The Supreme Court overturned the Patna High Court's acquittal of nine accused under Section 304B IPC, emphasizing that the prosecution must prove the elements of dowry death, including the demand for dowry and the circumstances leading to the death. The Court held that the High Court erred in its assessment of evidence and the credibility of witnesses, thus reinstating the trial court's conviction and sentence of ten years' rigorous imprisonment. The judgment clarifies the evidentiary standards required in dowry death cases under Section 304B IPC.

BASISTH NARYAN YADAV vs KAILASH RAI · Niyam