498a & 406
Mustafa Bhat
(Querist) 14 June 2014
This query is : Resolved
Sir,
In 498A case there are two sets of PWs One set (5 PW lady, father, uncles of lady) say the lady was beaten,tortured & dowry was demanded & lot of grab.
Another set of PWs(5 PW two friends of accused, two neighbors of accused & uncle of accused)say she was never beaten are demanded anything.
So what will be the fate of such case.
Laxmi Kant Joshi
(Expert) 14 June 2014
First of all you have to give your name in your thread , we must know that to whom we are responding , nothing can be prove by giving contrdictory statement , victim have to prove that physical violence happened with her for evidence submit medical report of govt. hospital of her injuries , submit copy of police report fir , statement of eye witnesses of violence who had resque her etc .
Mustafa Bhat
(Querist) 14 June 2014
The first set of PWs has deposed there statement in court during the trail in court & cross examination is also over.
Now second set of PWs is deposing the statement before the court.
Devajyoti Barman
(Expert) 14 June 2014
The case is tuning in your favour. Nothing to worry anymore.
T. Kalaiselvan, Advocate
(Expert) 14 June 2014
The first set is PWs but the second one is defence witness (DWs). The case remains balanced and properly challenged, wait for the judgment.
Dr J C Vashista
(Expert) 15 June 2014
In two (both) sets of PWs the contradictory statement of witnesses shall definetly benefit the accused.
Just wait patiently and watch.
Rajendra K Goyal
(Expert) 15 June 2014
In such case court is to decide which witness is to be relied upon and decide.
Mustafa Bhat
(Querist) 15 June 2014
Sir,
Thanxs to all respected experts for their kind advises.
Once the PWs (second set) was deposing the statement the Judge said they should have been DW but they are PW.
As they negated in examination chief So the judge did not allowed much cross examination to them.He said to my cousel they said in examination chief what you want to ask them in cross exam.
ajay sethi
(Expert) 15 June 2014
ok in other words PW has supported your case . it appears that judgement would be in your favour
K.K.Ganguly
(Expert) 15 June 2014
1. If they are PWs, then they have supported you,
2. The case is in your favour,
3. Relax.
Biswanath Roy
(Expert) 15 June 2014
WHEN A LEGAL PROCEEDINGS IS CONTINUING IN THE COURT AND MORE PARTICULARLY EXAMINATION OF WITNESSES IS CONTINUING A REMARK RELATING TO THE FATE OF THE DEPOSITIONS OF WITNESSES CANNOT BE QUESTIONED. BECAUSE IT WILL BE INTERFERENCE WITH DUE COURSE OF JUSTICE WHICH TENTAMOUNTS TO CONTEMPT OF COURT. EVEN OUT OF COURT YOU CANNOT DISCUSS IT.
T. Kalaiselvan, Advocate
(Expert) 15 June 2014
I agree with the observation made by expert senior learned advocate Mr.Roy sir on the subject issue. Better avoid discussing the issue any further.
Raj Kumar Makkad
(Expert) 17 June 2014
I do agree with the experts hence no more to add.
