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Kiran Kumar (SE)     10 May 2011

Can husband prove his innosence by undergoing Polygraph test

Dear All,

I have been charged under section 498(A) , Under domestice voilance my wife is asking me for companasation and maintanance , but i did not recieved any dowry or harased to her regarding dowry, due to some misunderstanding her father had given complaint against me , as i did not recived or asked for any kind of dowry can i ask for undergo some polygrap / nacro analysis test so that i can prove myself .

Please give me guidence whether court will allow such kind of test to accused and if i want my wife also to take this test to prove what their alligations are given are wroung.

Please help me .

Thank you



Learning

 7 Replies

Tajobsindia (Senior Partner )     10 May 2011

@ Author

1.
No


2. Best is to prove your and other co-accused names in Court by becoming a Debit Man and turning her hair grey sooner than letter. You all may be acquitted if you fight the charges.

 

 

1 Like

Kiran Kumar (SE)     10 May 2011

Thank you Sir for your reply,

If she is able to prove her alligations in district court and if court ask me pay maintanace, can i go for HC and file petitaion regarding the judgement given in district court.  

Roshni B.. (For justice and dignity)     10 May 2011

u must be having some proofs,such as a wriiten communication to your pa-inlaw or ur wife,before ur marriafe,,where u said that u want no dowry.bring that proof in the forefront.

 

even if polygraph test is not allowed,say on ur own to the judge that u want to undergo a polygraph test to prove ur innocence ...he will also note this. because a liar will never suggest a polygraph test,for he is afraid of being caught.so the judge will be able to see ur honesty thru ur statements,even though he will say fianlly with a smile,that it's disallowed..

Jamai Of Law (propra)     10 May 2011

Ha ha ha...........

 

Polygraph test is the technology that is meant to be used to prove the guilt and not to prove the innocence!!! This is the first principle of the theory of investigation and evolving science in it!!

 

 

Even DNA and finger prints are meant to narrow down on culprit and ........ it is not an adversarial thing AS AN "AID OF TECHNOLOGY" FOR rescue of SUSPECTs!!

 

It's the prosecution who does all efforts to prove a person guilty if found enough evidence.

 

A innocent person who's charged with certain punishable offence has to do nothing!! ............ Unless prosecution tries to fabricate the false evidence to frame a innocent party AND in such a case the innocent party may demand that those witnesses giving evidence against the suspect be polygraphed.

 

 

The suspect himself can not demand onself to undergo polygraph test!!! (The person is already a suspect and there is a huge chance that he may resist the technology which hasn't been yet mature and fullproof!!!)

 

 

Polygraph test is effective on kids and 'young minds'!!!

 

 

If you have guts and courage and really convinced that you are innocent ....demand the water boarding test!! and give an undertaking that ................. you prefer to die in honor! ............ but in the fear of death you won't concede to admit any offence which you never committed!!! You will be aquitted in one day after the test!

 

 

I am just joking.....................Above para you should take it in a playful manner!.....please.

Jamai Of Law (propra)     10 May 2011

More importantly  ............Don't ever ask, even in your dreams ......... for wife's polygraph test !!

 

Apne pair pe kulhadi mat maro!!!

 

 

The test is likely to pass with 100% indicator............................................ rather machine will breakdown .....................and smoke would start comming out of that machine during wife's polygraph test!! .............. 

 

 

All that the wife has to do before the test .....is drink a glass of water and ......

 

 

She just has to browse through the 'sagai' and 'marriage' photo albums and CD/video......just once  before the test! ........... and then every ball would be out of the stadium!................ And she will remember every damn thing of 'len-den' and last minute demands by her in-laws etc etc etc .......... !!!!!!!!!!!!!!

 

 

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     11 May 2011

I think it is valid point,courts must allow the test in matrimonuial cases for knwoing the truth and speedy discposal of the cases.

1 Like

Kiran Kumar (SE)     13 May 2011

Thank you for your reply...


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