Thursday, May 30, 2024

๐—๐˜‚๐—ฑ๐—ถ๐—ฐ๐—ถ๐—ฎ๐—น๐——๐—ฟ๐—ฒ๐—ฎ๐—บโ„ข

๐™ฐ๐™ต๐™ต๐™พ๐š๐™ณ๐™ฐ๐™ฑ๐™ป๐™ด & ๐™ฐ๐™ฒ๐™ฒ๐™ด๐š‚๐š‚๐™ธ๐™ฑ๐™ป๐™ด

LEGAL AFFAIRS

SEC 113A IEA

Gumansinh Bhikhabhai Chauhan Vs. State Of Gujarat 2021 SC

To attract the applicability of Section 113-A of the Evidence Act, three conditions are required to be fulfilled :-
i. The woman has committed suicide.
ii. Such suicide has been committed within a period of seven years from the date of her marriage.
iii. The charged-accused had subjected her to cruelty.

If all the three conditions stand fulfilled, presumption can be drawn against the accused and if he could not rebut the presumption by leading evidence, he can be convicted.

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