State Of Uttarakhand vs Sanjay Ram Tamta @ Sanju @ Prem Prakash 2025 INSC 187 - S 304B IPC - Dowry Death - S 378 CrPC

Indian Penal Code 1860 - Section 304B -Indian Evidence Act 1872 - Section 113B - Section 304B of the I.P.C. presupposes several factors for its applicability, which are; (i) the death of a woman caused by burns or bodily injury or otherwise than under normal circumstances; (ii) such death having occurred within seven years from the date of the marriage; (iii) soon before her death, the woman having been subjected to cruelty or harassment by her husband or any relative of her husband and (iv) such cruelty or harassment being in connection with the demand of dowry. It was, categorically held that if one of the ingredients is absent, the presumption under Section 113B of the Evidence Act would not be available to the prosecution. (Para 8)

Code of Criminal Procedure 1973 - Section 378 - Appellate Courts would be slow in reversing an order of acquittal, especially since the presumption of innocence that is always available to the accused; as a basic principle of criminal jurisprudence, stands reinforced and reaffirmed by the acquittal and unless there are very substantive and compelling reasons to do so, there cannot be a reversal of an order of acquittal. Unless it is found that the findings are perverse and the only conclusion possible from the compelling evidence is of guilt; Appellate Courts will be slow to reverse an order of acquittal. (Para 5)