498a trial
@nonymous -
(Querist) 03 September 2011
This query is : Resolved
I am facing 498a trial. Except the complainant (girl), IO and three relatives of her have been examined. I have query if you can please help me :
1. What are the chances of conviction if the girl has not been examined. There are no medical report or other documents supporting in the case.
2. For giving defence evidence, how to put across the documents before court. What is the method ?
Thanks!!
ajay sethi
(Expert) 03 September 2011
complaint has been filed by the lady . it would be advisable that complianant leads evidence in support of her case .
unless and until we know what is evidence on record we would not be in position tosay whether you would be convicted or not
@nonymous -
(Querist) 03 September 2011
It is a State case and I must clarify that Prosecution Evidence has been closed without the witness of girl.
I hope that clarifies. Kindly help on my query now.
Kiran Kumar
(Expert) 03 September 2011
non examination of complainant may or may not be fatal to the case...if the prosecution is able to prove the guilt of the accused beyond the reasonable doubt.
you must have been given opportunity to cross -examine all the witnesses.
however, while in your statements under Section 313 Cr.P.C you may take your specific pleas the may present before the court the relevant documents through relevant witnesses.
prabhakar singh
(Expert) 03 September 2011
I agree with Expert : Kiran Kumar
Raj Kumar Makkad
(Expert) 03 September 2011
As the evidence of prosecution has been closed and now it is your turn to lead your evidence after your statement under section 313 of Cr. P.C. so you bring all such evidence to rebut the charges of the prosecution which are within your control and reach may those be oral or documentary or both. It is better to let your lawyer in your confidence and discuss this in detail with him who is in possession of the copies of the prosecution statements and all relevant record of your case.
M/s. Y-not legal services
(Expert) 04 September 2011
Yes. Am also agree with experts that non examination of the complainant would not be grounds for acquittal. If prosecution proved the case beyond the doubt by other evidences mean you should be punished.
SAANJAAY GUPTAA
(Expert) 05 September 2011
Its All depend upon the evidence deposed in court. By the witnesses and it is advisable to consult your conducting lawyer and act according to his instructions he is best person to advice you better than us.
