SUPREME COURT AFFIRMS CONVICTION FOR DOWRY DEATH: 'HUSBAND WHO SLEPT IN SAME ROOM ESCAPED UNSCATHED WHEN WIFE DIED DUE TO BURN INJURIES'

NEW DELHI The Supreme Court in the case Damodar & Anr.Versus The State of Uttar Pradesh observed and has upheld the conviction of the husband in a 30-year-old dowry death case after the presumption of dowry death under Section 113B of the Indian Evidence Act, 1872 was not discharged by the husband.

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The court in the case stated that when the prosecution discharged the initial burden of proof that the death of the deceased was subjected to harassment and cruelty and had occurred within seven years which being from the date of her marriage due to 100% burn injuries, then the onus to rebut the presumption raised against the accused under Section 113B of the Evidence Act, 1872 shifts upon the accused.

The court in the case noted that the husband who went to sleep with her in the same room escaped unscathed. Hence, it was within his special knowledge to explain as to how the death had occurred.

However, the court observed that an additional burden was cast on him as per Section 106 of the Evidence Act, which states that the burden to prove things which are within a person's special knowledge is on such person.