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The arguments presented during an appellate court hearing regarding a dowry death case under section 304 b of the indian penal code. The defense argues that the appellant is not guilty as no cruelty or harassment was inflicted on the victim before her death and the presumption of dowry death has not been fulfilled. The prosecution, on the other hand, asserts that all elements of the section have been met and cruelty or harassment was indeed inflicted, leading to the victim's death. The trial court order is at stake, with the defense seeking to quash it and the prosecution urging it to be upheld.
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Defense: ISSUE2: The appellant is not guilty under Section 304 B, and thus, the trial court order should be quashed. The appellant is not guilty of dowry death under Section 304 B of the Indian Penal Code and the complaint is frivolous since the elements under the apparent section have not been fulfilled. No cruelty or harassment was subjugated on the victim soon before her death. The presumption of dowry death under section 113 B of the Evidence Act has also not been fulfilled. Thus, the trial court order deserves to be quashed in order to forward justice. Prosecution: ISSUE2: The appellant is guilty under Section 304 B, and thus, the trial court order should be not be quashed. The appellant is guilty of dowry death under Section 304 B of the Indian Penal Code and the as all the elements under the apparent section have been fulfilled. Mental/Physical cruelty or harassment was subjugated on the victim soon before her death. The presumption of dowry death under section 113 B of the Evidence Act also applies in the said case. Thus, the trial court order deserves to be upheld in order to forward justice.