Criminal Law and False Cases of Bride's Death and Section 304B of IPC
In an important Judgment the falsity of a case under S.304B of IPC was highlighted. Accused was ultimately acquitted.
In that case allegations were that accused persons used to torment victim. It was also alleged that there were letters written by victim regarding torture. In this case there was delay in FIR. The records of treatment of victim was also produced by accused.
Delay in institution of the case play vital role, more particularly, when it is found not at all explained. If an omission or discrepancy goes to the root of the matter and ushers in incongruities, the defence can take advantage of such inconsistencies.
Case : Mala v. State of Bihar [2018] GCtR 6671 (Patna)
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