Wrongly Convicted Database Record
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Charge: |
Abetment to suicide |
Sentence: |
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Years Imprisoned: |
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Year Crime: |
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Year Convicted: |
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Year Cleared: |
2019 |
U.S. State or Country of Crime: |
India |
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Result: |
Judicially Exonerated |
Summary of Case: |
"Husband was wrongly convicted in India of abetment of his wife's suicide based on him subjecting her to mental cruelty. The couple were marrired for seven years, and he was harrassing her for her dowry. He appealed his conviction of abetment of suicide. In December 2019 a panel of India's Supreme Court Justices Navin Sinha and B.R. Gavai vacated his conviction, ruling that "even if it is established that the woman concerned had committed suicide within a period of seven years from the date of marriage and that her husband has subjected her to cruelty, the court is not bound to presume that suicide has been abetted by her husband." The justices ruled the trial court is required to take into consideration all other circumstances of the case: "We are of the view that merely because an accused is found guilty of an offence punishable under Section 498A of the IPC and the death has occurred within a period of seven years of the marriage, the accused cannot be automatically held guilty for the offence punishable under Section 306 (abetment of suicide) of the IPC by employing the presumption under Section 113A of the Evidence Act. Unless the prosecution establishes that some act or illegal omission by the accused has driven the deceased to commit the suicide, the conviction under Section 306 would not be tenable." However, the court did uphold the husband's conviction of dowry harassment." |
Conviction Caused By: |
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Innocence Proved By: |
"In December 2019 a panel of India's Supreme Court Justices Navin Sinha and B.R. Gavai vacated his conviction, ruling that "even if it is established that the woman concerned had committed suicide within a period of seven years from the date of marriage and that her husband has subjected her to cruelty, the court is not bound to presume that suicide has been abetted by her husband."" |
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Compensation Awarded: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
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Age When Released: |
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Sex: |
Male |
Skin/Ethnicity: |
Indian |
Information Source 1: |
"No automatic conviction for abetment of suicide, says SC, By Legal Correspondent (New Delhi), The Hindu, January 1, 2020" |
Information Location 1: |
https://www.thehindu.com/news/national/no-automatic-conviction-for-abetment-of-suicide-says-sc/article30453405.ece |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org