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mann (employee)     09 May 2013

Conspiracy to trap in false dowry harassment case

i  am resident of jharkhand and was married to a girl nearby to my home town in june 2011. After some time she ralized that she had made a mistake to get marry as there was too many problem persist in her father home. she has a elder sister and her  son with physical disability. husband of her elder sister wanted to got marry with my wife before my marriage but she married to me. His husband started torturing his elder sister and that child that led tension to my wife psyche. she belived that she has ruined 5 life. she started tortering me to leave her but i lovedher immensly and didntt wanna leave her. fearing the threat i filed a complain in the session judge court that she can falsly trap in dowry case.

I left her in her mayka in august. after that i tried to contact her every possible way like phone call, email and sms but she failed to respond any of this. I went inlaws home in november to bring her back in good faith bur where my inlaws beaten me and falsly trapped in dowry case. I had  spent sleepless night almost 3 month and got bail from jharkhhand high court. the sections imposed on me are ipc 448/341/323/307/398.my question is

1)how can i prove that i am innocent when two witness (her neighbour) gone against me the i was attempting to strangle her in her mayka in presence of her relatives. there is no marks or scars proved in medical report.

2)in fir she alleged that i kept her in locked room and used to  go office which i never done. how to prove this wrong.

3)in her fir she alleged that i have demanded a car of 10-12 lacs which is again wrong. I have never demanded anything ever. 

4) she alleged that i forcibly made him drunk wine

At this time of juncture i am alone and helpless. my wife and the  husband of her elder sister plotted a conspiracy against me to throw me out and squeeze my money as large as possible. i am ready to mail my case related document if someone ask. Please help me to get out of this.

 

 

thanking you in anticipation

Mann



Learning

 4 Replies

Tajobsindia (Senior Partner )     09 May 2013

1.    Discuss brief in advocate’s Chamber preferably with a local Criminal Law practicing advocate found via reference.

2.    Innocence of a person has to be proved via corroboration. It is a very long journey hence.


(Guest)

Apart from discussing this in privacy of a criminal lawyer.


Just pop-in a word as to how much she wants [money]  That'd reduce many of the aforesaid problems, as in such cases money is the main motive.

Anjuru Chandra Sekhar (Advocate )     09 May 2013

India follows the common law system where the burden of proof is on the prosecution, and the degree of proof required in a criminal trial is beyond reasonable doubt.  Hence you cannot be forced by anyone to give evidence.  And the burden of proof lies on prosecution to prove its case against you beyond reasonable doubt rather than  on you to prove your innocence beyond reasonable doubt.

1 Like

Dr. Jyothi Vishwanath (Associate Professor of Law)     08 July 2013

Immediately consult a local criminal lawyer than taking mere opinion here. You need immediate legal advice and action.


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