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MANU NEETHI (Consultant)     20 November 2015

498a case ended an acquittal

Dear all,

 

My brother case  under 498A clubbed with criminal sections filed before the judicial magistrate court,( by her wife) ended on acquittal on the ground that benefit of doubts.

 

Let me know, based on the above judgement, shall we file a deformation case against the girl & her family ?



Learning

 2 Replies


(Guest)

Did you hear the saying " Zaan bachi aur lakhon paye. Lout ke buddhu safely ghar me aye" Just keep quiet and  settle down. You are lucky to be acquitted and so quickly.

If you really made mistake, now go, seek pardon from the girl and bring her back. That is what you owe to your self and to society. Come out of your revenge itch.


(Guest)

Let me tell all males hereon lawyer club that matterof false testimony is not easy to prove. 

There are certain requirements for law of torts or damages to apply in case of perjury or FIRfiled by any one. Law has to balance between right to complain and right to defend self respect by a accused person.

Not being able to proive charges is diferent than making outrightly malicious accusationbs. Then one has to prove how damages werecaused and how much. Itis extremely diificult.

There is already a provision even in IPC section 182 for making false report to a pubic servant. Not even one action has been taken by polcie in my memory of last 40 eyars.

Same court cannot hold trial. A complaint will be made by court to another court.

Polcie brings challan in court only when they find prima facie case. Criminals areacquitted as out investigation is weak, our court delay cases and weaken witneses, thereis corruption all over.

Conviction rate is very low in India and that is one of the reasons why ths guy got acquitted.


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