False 406

Originally posted by : needadviceon498a
	Falsely implicated that I took Jewellary from their home.Actually i never took it...How to fight this back??

If it is false then do not worry burden is on her to prove that streedhan is with you. Let her give false list of articles....she will have to come up with proof to prove that stridhan is with you.

For instance in my case - girl presented the picture of me and her in which i was giving her sari and all jwellery during engagement but she used it as if she is giving me all this. During examination our argument went on and on proving that i m giving her article and on other hand she kept on lieing that the picture shows that i am taking articles. Finally one day that stupid girl went out wearing same sari and same jwellery thinking that i am not going to see. Guess what i took the picture and presented to judge to prove that she is in possession of that particular sari and that particular jwellery. Then to delay they came up with that i demanded to return stridhan which was not true. Finally judge dismissed her petition.

I have recording she saying that "i took gold last night " while she doing halla infront of house. Will this be considered as evidence.

She might wearing some during marriage her relatives ornaments and also she framed some false witness that i took. 

What stage it is? Did she registered FIR/case against you? 

First of all, you need to take bail against IPC u/s 406, if you have already taken it than let trial begin burden of proving her allegation is on her not on you.

Hi Queriest,

You have been rightly advised to seek bail. For 406 to convict an accused following has to be proved by the complainant.

a. That there existed a property (Stridhan and all)

b. That the same were entrusted to the accused (Specific mentioning of time/ date/ place)

c. That the same was demanded back from the accused (Specific mentioning of time/ date/ place)

d. That the said return was denied.

Most of the times, complaint is vague on these points. Hence, discharge may be one option. However, if the complaint has many other sections, better not waste much time on dscharge and fight the case on merits.

Regards,

They have fied FIR and  now we r going to apply for bail. 

Thanks Shonee and Vikas for ur valuable advice

a. That there existed a property (Stridhan and all)

wht if there is existence of properrty.They might have or  show number of ornaments with them.it doesnt mean that i took them all. Streedhan as marriage evidence will be there definitely.Then can also show anyone's ornaments can claim that it is given as streedhan.

b. That the same were entrusted to the accused (Specific mentioning of time/ date/ place)

may frame up some evidence....how to fight this

c. That the same was demanded back from the accused (Specific mentioning of time/ date/ place)

may frame up some evidence....how to fight this

d. That the said return was denied.

may frame up some evidence....how to fight this

You can fight, if you can know what is "may" and what is "evidence" that they have framed. You would get a copy of Chargesheet, which would contain all mateial that prosecution has against you. Then you can counter with effective cross-examination.

Regards,

I m a victim of false 406. My wife complained that during marriage her father given her Garments,Divan,Cash & Jewelleries. but the fact is I have taken no cash from her father. secondly  the jewelleries she got from her father, already lying with her and nothing left with me.Thirdly the quantity of jewelleries has been inflated by three times.

Already the police came to our house & seized all garments Divan & utensils belongs to her.But still she is claiming that we are in posses of her jewelleries which is totally false. More over that the jewelleries I have given to my wife, the same is also lying in her custody...How to fight this back??