Cr.p.c. section 509
saarika
(Querist) 03 September 2017
This query is : Open
Hi all,
Need help to do final arguement before a case filed against my husband u/s 509 of CPC. Till date my husband has defended himself before the court and current situation is as follows :
1. The complainant is my husbands real cousin sister. She filed a fraudalent and malafied complaint against my husband with help of her uncle serving as police constable in same district in 2012. This was filed intentionally to provide support to her father who is currently having kabja on property of my father-in-law which for which partition is not done and to hide illegal transactions done of selling part of property without our consent. When my husband started inquiry of the property and demanded his fathers share arguments took place. My husband has made 7-8 police complaints against compainants father from 2010 - 2012 against abusing, threatening to kill, asulting with metal pipe however nothing turned fruitful as compainants uncle is a police constable and has good relations with the local police. Hence we have filed three private cases u/s 504, 506, 323, 324 and 325 with medical evidence which are at hearing stage before same court. Apart from this we have filed a Civil Suit of Partition for which as on date we have filed our affidavit.
2. There are three witnesses examined by PP. and all are interested witnesses - Complainants father, Real aunty who has share in property, the I.O. who is close friend of complainants uncle. The panch was also examined by the PP however he clearly stated he is unware what has happened and he signed the panchanama in the police chowky as complaints father took him stating it was some road issue and took his signature. The second panch has never come to court and the evidence was closed by the PP.
3. The statements given by Complainant and her father have lots of differences moreover proper dates were not given by them during initial complaint. There after they have mentioned a date on which imagenary offence was done. On said date my husband was out of state for his work and submitted letter mentioning same and also examined his company official to prove the same. The complainants aunty during her cross has clearly mentioned the offence never happened before her and is hear and say.
4. Apart from this to prove friendly relation between the IO and the Complainants uncle my husban has submitted three chapter cases filed by IO, notice given u/s 149 to Complainants father from local PSI. The details of chapter cases were provided by local police under RTI howere my husband has submitted a letter recieved from the Tahsildar office which clearly state they have never recieved the said chapetr cases from local police. This provides an evidence that IO who investigated all matters filed by us were fraudently delt and no such chapter cases were made agsinst complainants father.
AT SAID STAGE THE CASE IS KEPT FOR FINAL ARGUMENT AND WE NEED HELP IN BELOW REGARDS;
1. To know whether court will consider the intention / motive of complainant and if yes how can we present it before the court. Or should we argue on on basis of merits
2. If possible relevant citations be sent.
3. Any suggestions which will help us to get aquited.
