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Presumption Under Section 113-B Unrebutted — (2025) INSC 1435

The prosecution established that the deceased was subjected to cruelty and harassment for dowry demands 'soon before death'.

State of U.P. v. Ajmal Beg — (2025) INSC 1435

Core Argument

The prosecution established that the deceased was subjected to cruelty and harassment for dowry demands 'soon before death'. Under Section 113-B of the Indian Evidence Act, 1872, the presumption of dowry death arises, and the defence led no evidence to rebut it.

Key Precedents

  • Sohrab v. State of M.P. (1972 INSC 134) — Established that minor discrepancies or contradictions in witness statements do not warrant discarding the entire prosecution evidence unless they affect the substratum of the case.
  • Satvir Singh v. State of Punjab (2001) 8 SCC 633 — Held that the phrase 'soon before death' in Section 304-B of the Indian Penal Code, 1860 requires that the cruelty or harassment should have a proximate connection with the death, but does not require a fixed time gap; each case depends on its facts.

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