Remedy for victim who accepted that he committed the offence (498a)
Arka Foundation
(Querist) 24 March 2014
This query is : Resolved
Dear LCI Members,
We are a small foundation serving (ADR process) for small disputes. With group of ADR diploma Holders
A party (parents of victim) came to us for an advice, but we could not advice them.
Client Details - case of 498a victim.
Facts:
Victim suffering mental agony because of no job, No financial support & moving from one city to other in A.P.
In this circumstances, he could not appoint any lawyer and rejected lawyer in frustation and decided to go to jail and finally, accepted that he committed the offence (cruelty) before calling inviting any witness and cross examination.
Not a single evidences/exhibits/materials ..etc from 498a complaint side.
Court is adjourned. Waiting for order????. (according to the victim parents inputs)
Victim Parents are worried no financial source. Surviving on one younger brother
Their worry : Can victim go for appeal? if he is convicted. As he himself accepted that he committed the offence (cruelty)
Background: according to victim parents inputs)
inter caste Love marriage, No dowry given, no demand of dowry, no cruelty, resided together only for 5 months. Wife was sent to parental home for relief and
Dispute Arose : for not giving fully salary to wife.
498a complainant status: -
Got married before 498a victim came to court before first hearing.
Now 498a complainant is having 2 years baby.
They did not conceal facts that she is married (second).
What advice to give them.
Nadeem Qureshi
(Expert) 25 March 2014
if the person confessed his offence before the court then there is no other option has left but if he return back to his statement and raise objection then only appeal can be filed before higher court otherwise not.
T. Kalaiselvan, Advocate
(Expert) 26 March 2014
With the give situation, there is no possibility for an appeal or a remedy.
Biswanath Roy
(Expert) 27 March 2014
Statement of the accused cannot be taken up as proof of the offense and cannot be believed as true according to Evidence Act. If the complainant wife did not appear before the trial court to discharge her burden for proving allegation in that case the application shall be rejected. Therefore question for filing appeal by the accused does not arise.
