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Michelle Dominica (- )     19 March 2010

498A - Justice Denied

Hi,

I am a 26 yrs old lady from Hyderabad . I am a catholic by birth by name MICHELLE DOMINICA and was married to a Muslim in Dec 2002.I was converted to Islam before marriage. My marital name is MUSKAAN KHAN.My marital home is Chennai. Due to harrassment i was forced to leave my inlaws place and returned to my parents home in hyderabad along with my 5 month old infant son in April 2004.

I had filed a case in Mahila Court hyderabd under 498-A,406 IPC and Ss. 3&4 of Dowry Prohibition Act on 22 April 2004 against 7 people of my inlaws ressiding together.

1. A4/6/7 were deleted from teh charge sheet by teh police itself.

2. A1/2/3/5 were in the charge sheet.

3. Arrests were made and A1/2 were remanded to judicial custody.

4. Later, the judge suomoto deleted A3/5 based on a discharge petition filed by them.

5.A2 eventually expired and hence the case was abated on him.

6. The trial began only with A1.

At the time of my marriage, my father had adhered to all their demands of dowry and function requirements. The receipts of all the items is present.

I had filed evidence of

  1. Wedding card  - To show the marriage had taken place in Hyderabad.
  2. Newspaper cuttings - My father in law was arrested and in jail for selling Government land to different people - Proving that tehy had a criminal background.
  3. Copy of a ssale deed- Property sold at teh time of my marriage, to show we had teh capacity to fulfill tehir demands.

The judgement of the case : The accuused was aquitted on grounds,

  1. The cause of action took place in Chennai and hence does not come under the Hyderabad jurisdiction to try teh case.
  2. My articles were not returned to me saying that my father did not submit his IT papers to prove that he had sufficient income to carry out the demands.

I have not got justice at the MAHILA COURT after 6 years of waiting and want to know the further course of action so that i could file ahead.

Note: I was given a talaq by him in 2008 and he had remarried. I am single and taking care of my son.



Learning

 2 Replies

Devajyoti Barman (Advocate)     19 March 2010

In Indian judicial system the conviction is really a very difficult task as here the criminal jurisprudence is -  Proof beyond reasonable doubt..

Without seeing your case record it is difficult to comment as to whether the order of acquittal is good or bad. In any case you have now got every right to assail the said judgement and order of acquittal by preferring an appeal before the High Court u/s 378 CrPC or by filing Revisional Application u/s 397 r/w 401 of CrPC.

Michelle Dominica (- )     24 March 2010

Could you please advise me on the procedural difference between 378 CrPC and Revisional Application u/s 397 r/w 401 of CrPC.
I am supposed to file an appeal at hte MSJ by 1st week of April. Please adivse ASAP.

 

Regards


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