Dowry deaths case: SC concerned with ‘casual approach’ of trial court

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New Delhi, May 28 | The Supreme Court on Friday expressed concern on the “casual” and “cursory” attitude adopted by trial courts while recording the statements of accused under Section 313 of the Code of Criminal Procedure (CrPC) in dowry death cases.

A bench of Chief Justice N.V. Ramana and Justice Aniruddha Bose said: “It is a matter of grave concern that, often, trial courts record the statement under Section 313, CrPC in a very casual and cursory manner, without specifically questioning the accused as to his defence.”

Undoubtedly, the menace of dowry death is increasing day by day, it said, but also observed that sometimes, family members of the husband were roped in, even though they have no active role in commission of the offence and are residing at distant places. “In these cases, the court need to be cautious in its approach,” the bench noted.

The court emphasised that it ought to be noted that the examination of an accused under Section 313 CrPC cannot be treated as a mere procedural formality, as it is based on the fundamental principle of fairness. “This aforesaid provision incorporates the valuable principle of natural justice ‘audi alteram partem’ as it enables the accused to offer an explanation for the incriminatory material appearing against him. Therefore, it imposes an obligation on the court to question the accused fairly, with care and caution,” said the bench.

It observed that once trial court decides the accused is not eligible to be acquitted, it must move on and fix hearings specifically for ‘defence evidence’, calling upon the accused to present his defence as per the procedure, which is also an invaluable right provided to the accused.

“In the same breath, trial courts need to balance other important considerations such as the right to a speedy trial. In this regard, we may caution that the above provisions should not be allowed to be misused as delay tactics,” the bench said. The prosecution must establish existence of “proximate and live link” between the dowry death and cruelty or harassment for dowry demand by the husband or his relatives, it added.

The top court convicted the accused in Section 304-B (dowry death) but set aside the Punjab and Haryana High Court convicting and sentencing the accused under Section 306 IPC (abetment of suicide). “We find that the High Court and the trial court have not committed any error in convicting the appellants under Section 304B, IPC as the appellants failed to discharge the burden under Section 113B, Evidence Act. However, upon appreciation of facts and circumstances we are of the opinion that the offence under Section 306, IPC is not made out,” it said.

Source: IANS

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Share Market Closing Bell: Nifty ends above 15,500, Sensex gains 443 pts

Share Market Closing Bell: Nifty ends above 15,500, Sensex gains 443 pts

On a weekly expiry day, Nifty opened on positive note and have a dip to make an intraday low at 15367.50 level but showed bounce back moment as managed to close at 15556.65 level with a gain of 143 points. Bank Nifty closed the session at 33135 level with a gain of 289.70 points. 45 Out of Nifty 50 ended in green which suggest broad based buying.

All the sectoral indices managed to close in green expect Energy while Nifty Auto was top gainer. Among Nifty Stock, MARUTI, EICHERMOT, HEROMOTOCO & M&M were the top gainers, While RELIANCE, COALINDIA, POWERGRID & GRASIM were the prima laggards. India VIX closed at 20.88 level with a loss of 1.97%. On Technical Front, The Nifty has formed bullish candle but faced resistance at 21 Four-Hourly Moving Average i.e., 15647 which suggest crossing above the same can show more upside rally.

Nifty has been trading in range of 15200-15700 level while breaching either side can suggest further direction of breakouts. Nifty has given above 50-Hourly Moving Averages which indicate it can show upside moment in the counter. On the Nifty OI Data, On the call side ,the highest OI witnessed at 16000 level while on the put side was at 15500 Niftg level followed by 15300 levels. The momentum indicators Stochastic is trading with a positive crossover on a daily chart which suggest northward journey in the Nifty.

The Nifty may find support around 15200 levels while on the upside 15700 may act as an immediate hurdle. On the other hand, Bank Nifty has support at 32300 levels while resistance at 33800 levels.

Overall, Sector specific momentum has been observed, crossing above 15700 Nifty can show more upside rally.

Market entering into buy on dips pattern.

Palak Kothari
Senior Technical Analyst
Choice Broking

Source: Choice India

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The information contained in this post is source form the news agency or PR agency. We do not take any responsibility of accuracy of information. We have not made any modification or changes in original source content. This information only for general information purposes only. The information is provided by BhaskarLive.in and while we Endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the post for any purpose.

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