arrest/chargesheet
Querist :
Anonymous
(Querist) 05 June 2011
This query is : Resolved
is arrest possible , even if police does not have any evidence apart from girl and her parents complaint,?
can police file chargesheet without evidence, how does court treat such chargesheet
Arvind Singh Chauhan
(Expert) 06 June 2011
Police can but, Generally no charge sheet is filed without evidence, if such charge sheet is filed, court may discharge the accused.
PALNITKAR V.V.
(Expert) 06 June 2011
Do you think that evidence of girl and her parents is not enough for arrest and also for filing chargesheet? It is not the law that there should always be some independent witness or some documentary evidence. But if police charge sheet without any evidence, then either the court will not issue process or discharge the accused at the time of or before framing of charge.
Querist :
Anonymous
(Querist) 07 June 2011
thanks for your response.
Girl was never harm either physically or mentally. She was happy till she stayed with her husband, but her mother wanted her to move to native city and live with them. Husband could not do due job requirement. things got out of control
Girl mother first made claim that girl is still virgin after one yeaer of marriage, couple under presure for both relative went to see doctor, where girl refused such claim and said frequency of sex was 2-3 a month, but latter on sent notice for divoce and 498a
so how woud 498a case move on, what would determine then outcame of case.
girl statement, or how can boy prove something which has not happened.
Sarvesh Kumar Sharma Advocate
(Expert) 09 June 2011
full agree with this view!-
Expert : arvind
Posted On
06 June 2011
Police can but, Generally no charge sheet is filed without evidence, if such charge sheet is filed, court may discharge the accused.
PALNITKAR V.V.
(Expert) 09 June 2011
Whether the girl is telling lies can not be decided at the stage of investigation. Truth will come out during cross examination. Therefore, if police desire, they can record statement of the girl as would suit the purpose of filing of chargesheet.
Querist :
Anonymous
(Querist) 11 June 2011
issue is police is not considering statement made by husband or his realtive, neither they are willing to see the proof which favor husband side,.
fir file in feb, till now nothing has happened. I am on AB since then
