Medical evidence
Simmi
(Querist) 09 May 2013
This query is : Resolved
My sister in law submitted medical certificate by government doctor in 498a case. She said in 08 November, 2010 my brother and all family beaten her in locked room and used knife to cut her hand's veins and her eardrum was broken by beating.
It is true that my brother beaten her when she cut her hand with knife in September 2007 on some husband wife hot arguments and her eardrum was damage.
Will my brother get punishment for crime which was done in September 2007 and whose FIR is in Jan 2011?
Do this give any benefit to her case? My brother accepted in front of Investigation officer that he has beaten and her drum was damage and he took care of her for 15 days. He said all happened in anger when she provoked him for some silly reason and hand veins was cut by herself in anger.
ajay sethi
(Expert) 09 May 2013
what is material is date of certifcate issued by govt doctor .whether it is september 2007 or november 2010 ? the wife case is it happened in november 2010 and it forms basis of complaint of dowry harrasment . you have not mentioned whether doctor has corroborated date of incoident .
Raj Kumar Makkad
(Expert) 09 May 2013
First of all clarify the points raised by Ajay and then only expect the desired reply.
Simmi
(Querist) 09 May 2013
In Jan 2011 govt doctor report say that injury is not recent it is more than 1 year old.It is done by sharp weapon.
For eardrum she submitted the real private doctor report during sep to oct 2007.
Devajyoti Barman
(Expert) 09 May 2013
This medical report does not prove that injury was caused by your brother only.
Do not worry, conviction rate of 498A case in India is much below 10%.
ajay sethi
(Expert) 09 May 2013
govt doctor does not support her story that incident happened in nov 2010 . he has stated that the injury is more than 1 year old . inconsistencies in her case . fight case on merits
Simmi
(Querist) 09 May 2013
What about eardrum injury which is done by my brother?
Devajyoti Barman
(Expert) 09 May 2013
lEt her wife prove that offence.
Why are you so bothered?
Simmi
(Querist) 09 May 2013
I do bother because he is my brother.
Adv. Chandrasekhar
(Expert) 10 May 2013
Your brother's confession before the police will not harm his defence. But long delay in filing FIR also will not help him for the reason that in matrimonial disputes, aggrieved wife hesitates to approach the police instantly apprehending the escalated matrimonial discord and violence against her body. If your brother had not cut her hands, it could be proved in thorough cross examination by proving it as self inflicted injury. The other injury (ear drums) can never be self inflicted injury and he has to face difficulty on that ground. Private medical certificate of 2007 and govt. hospital certificate of 2010 also put your brother into trouble as the court does not insist of govt. hospital certificate of 2007. To attract S. 498-A, it is important to connect this violence with the demand of dowry. If there is divorce case going on, go for mutual consent divorce to escape the rigours of S. 498-A.
