498 a
Sri Biswajyoti Saikia
(Querist) 11 March 2012
This query is : Resolved
IN MY CASE THERE IS ALLEGATION OF MENTAL CRUELTY BY THE WIFE.......10 DAYS DELAY IN FIR... NOT EXPLAINED THE DELAY...NO AMY MEDICAL INJURY & EVIDENCE........ONLY 4 WITNESS....WIFE(VICTIM), HER PARENTS & SISTER....... CAN CONVICTION CAN BE GIVEN...........PLEASE HELP ME WITH SOME RECENT CASE LAWS.........
Ghanshyam Prasad
(Expert) 11 March 2012
If witnesses are reliable accused can be convicted.
PARTHA P BORBORA
(Expert) 11 March 2012
to prove mental harassment medical evidence is not necessary. Delay of filing fir interested witness are not good defense plea in a case of mental harassment, in genera.
Adv.R.P.Chugh
(Expert) 11 March 2012
Medical Evidence is not necessary for Mental Cruelty as aforesaid.
As regards absence of independant witnesses - the court in the fitness of things - does not expect independant evidence when such crimes happen within the four walls of a home.
Lastly : 10 days delay would put court on guard but won't be fatal.
Nadeem Qureshi
(Expert) 11 March 2012
Dear Querist
the medical is not necessary for this case, if any one use abusive language, live with another women, ETC it comes under mental cruelty.
if the witness is reliable then court may pass conviction order.
feel free to call
Raj Kumar Makkad
(Expert) 11 March 2012
The grounds you put in your query are not the sole consideration before the court while deciding a matter. Even these are not sufficient to get the decision in your favour. The evidence in its entirety is to be taken into consideration which is not before us so nothing firmly can be told about the result of your case. I think even your lawyer can also judge the matter.
Shonee Kapoor
(Expert) 11 March 2012
Is conviction possible: YES
Will conviction happen: Depends whether your lawyer is able to do cross-examination well.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
