406
Akbar Khan
(Querist) 28 March 2012
This query is : Resolved
My divorced wife filed FIR for 406 along with 498A,in 406 the lady has given list of belongs which has no end,although the lady has taken all Gold with her.The FIR later culminated into charge sheet in Court.
My Query is what is the credibility of 406 when not even single voucher is given by my divorced wife in FIR.
Shonee Kapoor
(Expert) 28 March 2012
The 406 would also need to be fought and proven by her.
If she can not prove the existance of the property even, you would be acquitted of the charges.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
V R SHROFF
(Expert) 29 March 2012
u have no alternative but to defend yourself.
As no proof, court will acquit you.
SAINATH DEVALLA
(Expert) 29 March 2012
Dear Akbar,
Sectioin 406 IPC is a criminal breach of trust,which according to the complainant,you have violated.Just because 406 is filed you need not panic.You have to build up good defence,with valuable evidence.
find below the contents of 406ipc:
Section 406. Punishment for criminal breach of trust
Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for 3 years and fine, or both—Cognizable—Non-bailable—Triable by Magistrate of the first class—Compoundable by the owner of the property in respect of which breach of trust has been committed, with the permission of the court.
