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ANEESH TRIVEDI (ADVOCATE) (Advocate)     18 November 2014

Admissible proof

Which Proof can lower court fully admit?

explanation:- suppose wife complaint that  on date 11 jan 2008 to14 jan 2008 husband harrased her for dowry and torture her,beat her abuse her, demanded dowry, but the real fact that husband was not in city and away from 800 kilometer, he was admitted under treatment by MS reputed surgeon doctor of big city whose daily earning is 50000RS- 1 lac Rs. running his own hospital he gave certificate tha Mr. X was under his treatment for 2 jan 2008 to 14 jan 2008,

Question : Is this certificate is admissible in lower court where husband is under trial of sec 498A filed by mentioning above treatment dates or said duration by wife?

how court can trust over this certifcates,? even husband having travel bus tickets .

apart form this which certifcate/ proof can court of accept as fully complete proof.

like [1] police report [2] hotel bills etc etc.......... suggest complete list .



Learning

 6 Replies

ANEESH TRIVEDI (ADVOCATE) (Advocate)     19 November 2014

Is Travelling tickets are not sufficient?

ANEESH TRIVEDI (ADVOCATE) (Advocate)     27 November 2014

I think i had asked a tough question?

No reply till now..

yogendra (engineer)     28 November 2014

bhai tum to bolo maine koi harrasment nahi kiya......aur ho sake to doctor ko bhi cort mai kahda kar do laake....

ANEESH TRIVEDI (ADVOCATE) (Advocate)     29 November 2014

sir wo to kah hi raha hu, but this is 498a case so burden of proof lies on to me i have to prove that i am innocent isliye ye sab karna pad raha hai

doctor ki income daily ki kam se kam 1 lac hai aur itna bada hospital 200 patient ko chorkar wo mere liye 2 ya 3 din kyon barbad karega.

use mujhse sir kamayee hui hogi 3000 rs ki aur wo apne lakhon rupye kyon waste karenga

doctor ne certificate de diya he is MS in medicine he is running a big hospital

koi aur tarika batayiye to uske bhi prayas kiye jayen

Adv. Chandrasekhar (Advocate)     29 November 2014

1. During the complainant's cross examination you have to give appropriate suggestion that during the time you were away in the so and so hospital taking treatment.

2. After prosecution evidence is over, you have to give appropriate statements in respect of alibi in S.313 recording of statements by the magistrate.

3. Produce medical certificate in original, bus tickets and hotel bills to prove alibi.

4. To prove the medical certificate serve the summons on the doctor who signed the certificate or some other official from the hospital who can identify the signature of the doctor on the certificate and also the hospital records to prove your treatment there during that period.

ANEESH TRIVEDI (ADVOCATE) (Advocate)     29 November 2014

Originally posted by : Adv. Chandrasekhar


1. During the complainant's cross examination you have to give appropriate suggestion that during the time you were away in the so and so hospital taking treatment.

agreed

2. After prosecution evidence is over, you have to give appropriate statements in respect of alibi in S.313 recording of statements by the magistrate.
agreed
3. Produce medical certificate in original, bus tickets and hotel bills to prove alibi.
already produced while applied for discharge and in revision of it.. hotel bills are not there as i was in my city there are lot of friends and relatives also when i was there in 2000 my landowner house is still vacant so i stayed there. please give alternative for this to make it admissible.
4. To prove the medical certificate serve the summons on the doctor who signed the certificate or some other official from the hospital who can identify the signature of the doctor on the certificate and also the hospital records to prove your treatment there during that period.

doctor himself certify the same thing in future not for hospital records as this was the case is of aug 2009, and i was only under treatment as i was working on computer very much and there is no proper food at that time so i was advised only for treatment of apendex by therewas no apendex in real, i was not admitted fully i was under his treatment only for those days and visinting him in evening so no such record was there i have only his certificate and medicine bills of that time..........................

but tickets are also produced for the visit

Now what else will be required please suggest the same so that during cross all will be there and judge may smoothly understand the case and all will help him in giving decision.

thank you very much Adv. Chandrasekhar at least technical useful information you suggested


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