Evidence Act, 1872
Section 113A—Presumption—Mere fact that the deceased committed suicide within a period of seven years of her marriage, the presumption under Section 113A of the Evidence Act would not automatically apply—Before the presumption under Section 113A is raised, the prosecution must show evidence of cruelty or incessant harassment in that regard.
[Paras 28 & 29]
Indian Penal Code, 1860
Section 306—Abetment of suicide—Conviction—Presumption under Section 113A of the Evidence Act—Mere demand of money from wife or her parents for running a business without anything more would not constitute cruelty or harassment—In order to convict a person under Section 306 of IPC there has to be a clear mens rea to commit the offence—In the absence of any cogent evidence of harassment or cruelty, an accused cannot be held guilty for the offence under Section 306 of IPC by raising presumption under Section 113A of the Evidence Act—Conviction set aside.
[Paras 28 to 33]