vijaykumar (M edical superintendent) 22 August 2013
The MM has to consider the prima facie evidence in taking cognisance of offence.
What are the prima facie evidences in a case of rape, attempt to rape & molestation ( sec. 354/376/511)
If there is a CCTV recording available as material on record. Is it a primafacie evidence or not. If not, why?
What are the grounds to declare a police investigation as incorrect?
C.D.Seshadri (Advocate Mumbai High Court) 22 August 2013
Why as the wife concealed this fact for almost 7 yrs. Does the couple have any issues now. If so one would have to think of the effect the investigation and the legal process will have on the children. If not also one should weigh all the consequences such an investigation will involve. Even after taking into consideration the above issues, if the husband feels he should go ahead, then I only pray that God be with him in taking this strong decision. Taking into consideration our Police with whom the case will have to be registerd, as well as the proofs that are requiered, and also the Time factor, it could be tough. But the guy involved could be put to shame, and this will definetly stop him from the same practice, again.
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