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Supreme Court Of India

(From : Karnataka)*

Hon'ble Judge(s): Y. K. Sabharwal, H. K. Sema , JJ

(A) Evidence Act (1 of 1872) , S.3— Omission and contradiction - Demand and payment of dowry - Proof - Witnesses, rustic villagers, brother and father of deceased - Examined after more than two years of solemnization of marriage - In such a situation certain discrepancies bound to occur in the form of omission - They cannot be considered as fatal to their evidentiary value, otherwise trustworthy - Fact that amount of dowry referred to by brother of deceased and not mentioned by her father - Can be termed to be omission due to passage of time - In no case it amounts to major contradiction which would form the basis for impeaching the credibility of witnesses. (Para 9 10 12) (B) Dowry Prohibition Act (28 of 1961) , S.3— Demand and payment of dowry - Proof - Marriage of deceased could not be performed, since proposed bridegroom did not turn up at time of marriage - Accused at that time came forward to get married with deceased on condition that dowry of Rs. 10000/- and three sovereigns of gold be paid to him - Part of dowry paid to accused - Testimony of brother and father of deceased as to payment of part of dowry - Cannot be discarded on ground that they failed to establish that there was an agreement to pay the dowry. ....