Dp act 3/4
Ajay Sharma
(Querist) 12 April 2016
This query is : Resolved
Hi All
My SIL file 498A 506,323 and DP ACT 3/4, 3 years back now the judgement has came and My parents and brother have been convicted under DP ACT 3/4, however they have been discharge under -498A 506,323.
The reason for conviction under DP ACT 3/4 is only becaz the amt which has been trf by SIL father to my Father account as the amt has been trf after enagagement.
However we argued that the amount taken is not a dowry but for marriage expenses.
We dont have bills becz it was too old and most of the money has been given in cash.
My point is if we are not able to produce the bill then SIL father also not produces the bill then how judge came to conclusion that amount taken is not for marriage expenses but demanded dowry, Can u pls explain me is it right ?
The points which the judge not consider:
1 marriage took place in boys place.
2. The recieved amt has been withdraw in boys maariage place,from the bank,we have the bank reciept.
3.his father arrived at marriage just before 1 day with entire family.
even he also not producing the bills which he is claiming that he has bear all the marriage expense.
4.the amt trf is in insatalment and around 1,89000. which does not look at all dowry figure, as we have told them that marriage expenses will be around 2 lakhs
5 boys monthly income was 60,000 Rs at the time of marriage. y he will take 189000 as dowry.?(financila status)
6. even its demanded is that amt was soo big that SIL father cant afford.
Please suggest what are the chances of wining th case in higher court.
Devajyoti Barman
(Expert) 12 April 2016
The chances looks like really high . However my opinion is based on limited information given in your query.
Had I been shown the CS ,evidence and judgment then I would have been placed in better way to make further advice on line of action including on merit of the appeal.
Rajendra K Goyal
(Expert) 13 April 2016
Full judgement need to be referred.
Go for appeal against the order.
Ajay Sharma
(Querist) 13 April 2016
Hi respected experts as the judgement order is with my brt and i am staying in a different state, i am unable to provide u exact judgment order.
However I would like to highlight one point my father has two bank account one in which the amt has been trf,from that account my father has withdrawn 75000 and from other account 1 lakh both the amount withdrwan at boys place that to different state just 10 days before
Here the judge said that the amt has been not withdrwan entirely and ignore the amt that have been withdrwan from another account my father has given the money as per the convienint and accesibility of ATM located near by that. How fair and coorect it is pls share ur views sir.
Rajendra K Goyal
(Expert) 10 May 2016
Repeated query:
http://www.lawyersclubindia.com/experts/Dp-act-3-4-590611.asp#.VzHhboR97IU
http://www.lawyersclubindia.com/experts/Dp-act-3-4-597661.asp#.VzHhaYR97IU
