Supreme court of India – There is a vast difference between “could have been”, “must have been” and “has been”.

“…The evidence of the parents of the deceased PWs 1 and 2 was only relatable to dowry.

The High Court held that there was no question of demand of dowry, and in fact, appellant was financing the father of the deceased PW1.

There being no other material to show as to how the deceased was being harassed or subjected to cruelty, the conclusion of the High Court that because the deceased committed suicide there must be some harassment and cruelty is insupportable and indefensible.

There was no material to substantiate this conclusion. Merely on surmises and conjectures the conviction could not have recorded.

There is a vast difference between “could have been”, “must have been” and “has been”. In the absence of any material, the case falls to the first category. In such a case conviction is impermissible…..

appeal-crl-585-of-2001-hazarilal-vs-state-of-mp-scc-of-india-20-june-07.pdf

3 thoughts on “Supreme court of India – There is a vast difference between “could have been”, “must have been” and “has been”.

  1. couturebubble

    The great Indian man- a cheap, barbaric, uncivilized, crude, chauvinistic, uneducated animal”….will beat hsi wife, becuase she is his property (highest domestic abuse rate in the WORLD)…will whistle at a woman in shorts, because he is cheap and desperate… will right some rubbish about false dowry cases when MILLIONS of woman in India are killed and tortured and that goes unreported…but he doesnt care about THAT…will urinate on the road like some common dog but still a woman WEARING what she wants is cheaper than that…no wonder everyone is leaving SLUMDOG LAND for America and UK. cheap. cheap. cheap.

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  2. Malarvannan

    This is a welcome judgement. Often SC has to intervene on our behalf.
    These laws have to be amended to reflect the judgement. Otherwise ordinary law abiding citizens cannot fight till the SC

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