what exactly is punishable under 498A and that needs to be proved by prosecution in a court of law to prosecute.
1. Is the demand for dowry punishable- Even if not demanded but If the parents and the girl and her relatives claim that the demand was made and appear as witness would it be sufficent to prove that dowry was demanded. Dont any independent witnesses required as the parents and immediate relatives of the wife can very well give such statements.
2. If the claim is made that the girl was harassed in the matrimonial home dont the parents need to prove it with some witness in the matrimonial home as the offence occurred there and if there is no witness neighbour in the matrimonial home to testify the facts can just the girls/ parent s statement be adequate to prove the offence.
3. If the girl claims of any ill doings at the matrimonial home why dont she have a complaint lofged or a police diary report confirming the offence. There is no medical report as there is no such offence so is just the statement by wife / her parents enough to prosecute and what are the evidences or defence available to defence to prove their innocence.
Are these cases just decided on the basis of oral statements of the witnesses that are near relatives of the wife and her parents who are connected to the case so there statements cannot be of much value.
As our learned friend "Prabhakaran' is giving series of advices each weekend to help prosecute the 498A cases can some one else in this forum start a counter three episode series to suggest defences available to the Victims of 498A.
