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498a victim (Manager)     21 February 2015

What is adverse inferance against prosecution by court

In my 498a case, the prosecution did not file some documents, statements collected during investigation withe chalan.These documents strenghten my defence. Even after so many dates, prosecution has not filed the same. Judge has warned to draw adverse inferance against prosecution. What does this mean? 

If  so happens, In what manner it will benefit the accused.



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 1 Replies

Adv. Chandrasekhar (Advocate)     21 February 2015

The name "498-A victim" can be understood in different ways.  It is accused husband who has become victim of false 498-A case or complainnant wife who became victim of Section 498-A harassment.  So, if you are accused in Section 498-A case, drawing adverse inference against the prosecution will benefit you that the court will acquit you from the charges.  If you are complainant, you will lose your case, because prosecution has not co-operated you by bringing all the relevant material on the record.

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