498 IPC
Arvind Singh Chauhan
(Querist) 04 January 2010
This query is : Resolved
Sir,
I am on behalf of complainant. Whose wife has been enticed away by the accused. The complainant later killed him self in depression. There is no direct evidence only except the 9 years child of the complainant. Accused is denying the allegation. I am hope full that if I get a chance to cross examine the accused, out come would be in my favour. Please suggest how can it be possible, if accused does not depose his defence. Can I get permission from court to cross examine, if yes under what provision.
Raj Kumar Makkad
(Expert) 04 January 2010
No. You have to stand at your own legs rather the accused. An accused has got equal right to save him and he cannot be forced to become a witness against himself.
There is no legal provision to help you.
Sukhija
(Expert) 05 January 2010
Expert Makkad is right.
Guest
(Expert) 05 January 2010
I go along with Mr. Makkad. Put more efforts to your brains and if any other witness can prove the facts in your favour, summon him with the permission of the court.