Evidence in criminal case

Guest (Querist) 13 April 2013 This query is : Resolved
Evidence produced by accused in 498a has any value.
Is this necessary that evidence should be produced by police at the time of submission of chargesheet?

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prabhakar singh (Expert) 13 April 2013
What is your problem gentle man!

Why you people ask us as our class teachers?

Guest (Querist) 13 April 2013
Prabhakar ji,
When IO was taking statements for CD.I told him that on mentioned dates I was not in my in-laws place but he did not mention in CD statements. He also did not mentioned tht my parents who are in 70's with not good health need support for doing their own daily work how can they beat even though I told him regarding their diseases and operations.
I told him if we are so cruel/dowry seekers why she wants to come when girl herself wants to come back it means we are not cruel to her. He listened to us and modified the statements as per his wish. He also did not mention our neighbours' statements who told we never listen any sound of beating and my parents use to love her like their own daughters.
In last IO question was then why don't you take her back.
Our reply was if a girl wants to come back she will not file any criminal case.

Now If I produce those evidences will that considered as those are not mentioned in CD at the time of ChargeSheet.

Further I want to know with CD there is no MLC (medical legal certificate). Can a false MLC submitted after CS? I want to know how can there be no MLC when a group of people has beaten her like animal then also she wants to come back crying in the court room.

Raj Kumar Makkad (Expert) 13 April 2013
IO of the criminal case filed against you, should not be expected to favour you. Every accused has legal right to even adduce his evidence, if he wants and if it warrants for the case. It is not always wise to lead evidence in defence. Your lawyer is the best judge in this respect. Let him decide after taking into consideration the entire evidence brought against you.

Raj Kumar Makkad (Expert) 13 April 2013
I forgot to take into consideration the fact that you yourself are defending your case but what about your parents? Who is defending their case? You can defend yourself only in the case but what about the case of your parents?

It shall be wise to engage a lawyer if not already engaged.

Sudhir Kumar, Advocate (Expert) 13 April 2013
connect http://www.lawyersclubindia.com/forum/What-is-quot-material-evidence-quot-in-498a--78710.asp

Guest (Querist) 13 April 2013
And I have more than 2 years desertion from FIR date. In what way it can be useful in 498a?
Do Oral statements given by girl and her relatives for dowry demand considered as evidence?

prabhakar singh (Expert) 13 April 2013
What I.O. has done or has not done is passed now as chargesheet has been submitted,you state.

If I.O. was NOT acting impartially you should have complained about it to S.P. requesting his removal from investigation of the case.

Now you would have opportunity to cross examine him giving suggestion of facts which he deliberately omitted to mention in the charge sheet.

When there is no medical report along with charge sheet,no addition may now take place.

You are to defend your self as cold blooded
and not in boils of sentiments.

Desertion by her of you and 498a by you against her are two different things.No benefit gets passed on to you for her 498a
because she has deserted you thereafter in last 02 years.

Get a good defence lawyer engaged for a healthy defence to prevail against the charges.

Guest (Querist) 13 April 2013
Prabhakar ji,
"If I.O. was NOT acting impartially you should have complained about it to S.P. requesting his removal from investigation of the case."

That I came to know after CS submitted in court.

Raj Kumar Makkad (Expert) 13 April 2013
You can do nothing now except to contest the case on merits.

R.K Nanda (Expert) 13 April 2013
contact local lawyer.

Evidence in criminal case

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