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kumar ajinkya (service)     12 August 2023

Section 323 ipc

Dear All

In trial for 498A/406/506/323 case, the prosecution has been able to prove only one incident of a kick by the husband during a quarrel with wife. There is no injury claimed by the wife and no medical report provided by wife.

All other allegations have been either proven false OR are vague allegations of purported  incidents which occurred 15 years back.

Court Order will be announced in 2 days from now.

Based on your experience, can you tell what is the possibility of conviction u/s 323 alone. Also, what could be the likely sentence in such a case of single isolated instance.

Any thoughts would be highly appreciated.

Warm Regards

Ajinkya

 

 



Learning

 4 Replies

T. Kalaiselvan, Advocate (Advocate)     13 August 2023

Here law and the discretion of the presiding officer will play a vital role and not the experience of an advocate.

If the judgment is to be passed in a couple of days then wait for that till then

1 Like

kumar ajinkya (service)     13 August 2023

thanks for your response.

T. Kalaiselvan, Advocate (Advocate)     13 August 2023

You are welcome.

Dr. J C Vashista (Advocate )     13 August 2023

The query is repeated today itself.

 


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