The Supreme Court has ruled that the presumption of culpability against an accused in a dowry death case under the Evidence Act will be activated only when there is a proof that a deceased woman had been subjected to cruelty for demand of dowry. The provision to secure convictions in dowry death caseswas inserted in the Evidence Act, which provides that instead of presumption of innocence, the accused will be presumed prima facie guilty in such homicides if a woman dies within seven years of marriage and there is proof of cruelty.<br/><br/>In a major verdict, a bench of Justices Dipak Misra and Amitava Roy has said if prosecution fails to prove by coherent evidence that an accused charged in a dowry death case has harassed the woman to demand dowry, the person cannot be held guilty by taking refuge of presumption under the Act. <br/><br/>The petitioners initially acquitted by a trial court, had approached the apex court against their conviction by the Madhya Pradesh High Court under sections 498-A (husband or relative of husband of a woman subjecting her to cruelty) and 304-B (dowry death) of the IPC. The husband of the deceased woman had committed suicide in June 1998 when the case was pending before the trial court.