Criminal Revision No. 503/2012
Penal Code, 1860–Secs. 304-B & 406 [Corresponding Secs. 80 & 316(2) of BNS, 2023]–Order of framing the charge–Sustainability–The unfortunate incident occurred beyond seven years from the date of marriage–The statutory presumption u/s. 304-B that the death should occur within seven years of marriage is a mandatory pre-condition–Since, this requirement is not fulfilled, the essential ingredients of Sec. 304-B are absent–Further, no specific averments or prima facie evidence of entrustment of any property and no allegation of dishonest misappropriation or wrongful retention on the part of accused–Charge cannot be sustained.
