406,498
vishesh kumar
(Querist) 28 February 2012
This query is : Resolved
the marriage between the parties was solmonised in 1988.after 8 years ,she alleged that on her in-laws treated her with crulity and beaten her as well,and her neighbour save her and send her in parental home.after 5 months they recouncile the matter and come in her husband"s home.she ferther allged that she lived there for a week and during this week ,her husband has not lived with her.and after a week her brother took her with him in amritsar i.e parental home.after 4 yrs of this incident she filed a application to d.g.p punjab and on that application f.i.r was registered in 2000.court of the magistrate convicted husband ,his mother sister and brother u/s 498,406......what r defences now avaible in the appeal? plz suggest me som judgement to support my case thanx
vishesh kumar
(Querist) 28 February 2012
impotant points
difference between incident and f.i.r was of 4 years.
no independent wittness on prosecutio side
no medical regarding allged cruelity
vishesh kumar
(Querist) 28 February 2012
mere writting in the f.i.r regading cruelity and demand of dowry held any person liable?
Adv.R.P.Chugh
(Expert) 28 February 2012
Mr.Visesh,
It's really hard to suggest the grounds of appeal without a thread-bare examination of FIR/161 statements/Trial testimony/cross etc.
The law really does not insist on testimony of independant witnesses as the legislature recognised that these crimes happen in the 4 walls of a home & in secrecy (Though it is being misused a lot). Hence absence of independant witnesses and its effect would be judged - in light of other circumstantial evidences.
A delay of 4 years between the incident alleged and FIR can be fatal - and has to be satisfactorily explained by the Prosecution, infact if indeed the last incident was more than 4 years old - when FIR was lodged - it would have even got barred by limitation - for taking cognizance.
Please have faith on your lawyer - and gear up for the appeal before COS
Raj Kumar Makkad
(Expert) 28 February 2012
I do endorse the views of Chugh and pray to your honor o trust upon your lawyer for the smooth functioning of your case.
Shonee Kapoor
(Expert) 28 February 2012
Rightly advised.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Kirti Kar Tripathi
(Expert) 29 February 2012
I also endorse the views expressed by Mr. Bharat.
Sankaranarayanan
(Expert) 29 February 2012
Mr bharth indicated the right path. So faith on your lawyer and lead it
