498a acquittal
Querist :
Anonymous
(Querist) 01 June 2019
This query is : Resolved
Dear Sir/Madam,
In case of 498a/406, I need following information with respect to trial court :
1. Is it defendant responsibility to prove wrong 'each sentence in chief examination' of victim ?
2. 'Ladki ke bayaan' will be considered as gospel truth, right? Conviction can happen even without any other supporting document?
3. Apart from girl's testimony, no other evidences are required for conviction ?
4. There are no material evidence(s), like medical report/transaction history, audio/video, no FIR/complaint in last 6 year. Even than final conviction can happen by simple testimony of victim ?
5. Prosecution can prove the conviction by testimony of Father and Mother of girl? (No material fact only Bayaan)
Vijay Raj Mahajan
(Expert) 02 June 2019
All evidence required for the conviction u/s 406, 498a IPC which should be apart from the statement of the complainant/wife, medical records, witnesses, documents to show and prove these charges, any Forensic Lab proved verbal or video recordings.
If there is only statement of the wife and no other evidence on the record as mentioned above and other than the formal police report and statement of police officers, then you can not be convicted just on her mere formal statement of these charges.
Guest
(Expert) 02 June 2019
Courts would rely on Evidences and Proofs
Guest
(Expert) 02 June 2019
Better seek the guidance and appoint a local good advocate specialized in such matters
Sudhir Kumar, Advocate
(Expert) 02 June 2019
You have reaised no query.
You have stated no facts and just framed a question paper for law students.
Two experts have attempted and given best views could be formed out of the contents of the blog.
Better come with facts.
Dr J C Vashista
(Expert) 02 June 2019
What is your locus standie/ concern?
Prima facie it is an examination hall question paper.
Querist :
Anonymous
(Querist) 08 June 2019
Thank you Sir @Vijay Raj Mahajan and @N.J.S. Rajkumar.
My question in one sentence is : In case of 498a/406 - Should we need to defend each sentence of 'ladki ke bayan' (chief examination) to get acquittal ?
Sudhir Kumar, Advocate
(Expert) 03 July 2019
There is no doubt.
when a witness has come and deposed then it is other party which has to prove that what the witness is saying is wrong. Or else once the opportunity for cross-examination has been given then the statement of witness is final.
Sudhir Kumar, Advocate
(Expert) 03 July 2019
If you could have given facts of the case could have been better guided.
