Query about IPC 406
kalpesh
(Querist) 30 September 2018
This query is : Resolved
Wife filed false dowry complaint against me my mother and my sister. police submitted chargesheet against us and court framed charges under section 498a and 406 ipc .we desired trial as we are totally innocent and now the procecution side witness are over and the case is in defense side where crpc 313 statements has been completed too.now I want to know that how strong we are in defense of IPC 406 where 2 important facts are now available on record regarding 406 IPC and these facts are - (1)- No any common signed list of article was made ever and the list was put in case was prepared by girls family and lawyer only when they decide to file complaint .... (2) No any bills of articles has been exhibited by procecution side though they were available in court file. Please suggest me any defense judgement too of Rajasthan high Court or supreme Court .
Dr J C Vashista
(Expert) 01 October 2018
What is your lawyer doing ?
Why are you worried and seeking obligation of experts on this platform on the basis of limited facts, when your case is being taken proper care by an able, competent and intelligent lawyer? However, if you have lost faith in your lawyer change him immediately and if you are a lawyer seek guidance from a local senior.
Vijay Raj Mahajan
(Expert) 01 October 2018
Charges under section 406 IPC will be dismissed as hardly evidence seems to exists as per your statement here. For charges u/s 406 IPC most important is the absolute property/articles of the wife in possession of the husband and/or his other relatives, recovered by the police during investigation, these articles were demanded to be returned by the wife but refused or avoided by the husband hence such charge u/s 406 IPC levied against him.
