State of A.P. - Respondent
Indian Penal Code, 1860, Section 304B - Evidence Act, 1872, Section 113B - Dowry death - Rebutal of presumption - Accused convicted under Section 304B, Indian Penal Code creating presumption under Section 113B of Evidence Act - Conviction challenged on the ground that evidence adduced by defence to rebut the presumption was not considered - Held, defence evidence cannot be sidelined by High Court, it has to be considered in order to ascertain whether presumption is rebutted or not - Matter remitted back. [Paras 4 and 5]ORDER
K.T. Thomas, J. - Delay condoned. 2. Leave granted. 3. In this case appellant stands convicted under Section 304B Indian Penal Code and is sentenced to undergo imprisonment for a period of seven years besides a fine. The High Court has dismissed this appeal confirming the conviction and sentence. 4. We do not want to deal with all aspects of the contentions raised here elaborately. Suffice it to point that the High Court has missed to consider the evidences of four defence witnesses examined by the appellant. Learned Counsel submits that when a presumption has been created by law under Section 13B of the Evidence Act the accused has the obligation to rebut the presumption for which he has adduced evidence and if such evidence is not considered that would lead to miscarriage of justice. We are not aware whether the defence evidence had been highlighted before the High Court during arguments. Be that as it may, the High Court cannot sideline the defence evidence and the same has to be considered in order to ascertain whether the presumption had been rebutted by the appellant or not. 5. We think that the appeal in the High Court has to be considered afresh. In order to enabale the High Court to do so, we set aside the impugned judgment and remit the case back to the High Court for disposal of the appeal afresh. In the meanwhile the appellant will remain on bail on his executing a bond with two solvent sureties to the satisfaction of the trial judge. 6. The appeal is disposed of accordingly. Orders accordingly.