sufferer 15 January 2015

Falsely framed with 304b and 498a. immediate suggestions,pl.

Hello,

A friend of mine is suffering for the last 3 months. He and his family has been accused with a false case. Some details and current status of the case:

1. Friend is MBA, comes from a Upper Middle class family (of four) working with a reputed FMCG and has been staying from ancestral home for the last 7 years. Father is very reputed Social activist, mother an educated housewife and younger into his own business. Friend got married to a girl, who belongs to a lower middle class family. It was an arrange marriage, which was done without any single paisa of dowry as the girl's father is hardly making enough money to make ends meet, Friend's family liked the daughter without bothering for the financial condition of the girl's family.

2. Got Married in March-14. Husband/wife both were living happily in Delhi. They both returned home for Dussehra for few days, husband went back to Delhi few days. Wife stayed back to go back with him, when he comes back for Diwali. But on a doomed day, she committed suicide.

3. PM report says it's suicide. And the boy's family is innocent. Father-in-law despite knowing their innocent framed dowry charges (498a/304b). FIR was filled 3 days after death. Friend's family was their for last rituals and everything, as they were not expecting false charge. Wife was going through depression because of her own family's financial condition and most probably has committed suicide after a fight with her mother on phone.

4. Evidences in hand: PM report. Social media photographs, comments from girl's family members and her own social media presence where she had been happily living with her husband. Telephonic recording of father-in-law where he has clearly admitted that he knows boy's family has not asked for dowry, etc.

Current status: Father, Mother and Brother got out on anticipatory bail in 2 months. Husband's AB was rejected at lower Court. Suggestions are please needed, whether to go to High Court and ask for AB or should he surrender before lower Court and then ask for regular Bail. Husband's future may go dark if he has to go to jail, but he is ready in case if there's no other option left as he and his family is convinced they will eventually win the case on merits as they're innocent.

Also, if AB is not granted at HC, do the chances of surrendering and getting regular bail from lower court goes weak? Please suggest urgently. Matter is of West Bengal.

Thank you in advance!

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3 Replies

adv.raghavan (Advocate,9444674980) 16 January 2015

It is precarious situation, I do not advice to go for AB with high court as the murder has happened within 7 years from the date of marriage, so the onus falls on the accused to prove that he is innocent. Till he proves his innocence he will be treated as guilty. so i prefer to go through regular bail process. As you have strong case going by your statements.

sufferer 18 January 2015

Thanks for the advice Mr. Raghavan. Need to add few things, though..

1. It was NOT a murder, like you said. It's suicide, post-mortem report, witnesses etc it's all there. Why was it mentioned murder in your reply, when even the opp party has not filled a murder case?

2. After consulting many lawyers, they all said and even on this forum it's mentioned everywhere that the onus of proving the accused guilty is on the other advocates.

Other senior members must pl add their informative views on the same??

adv.raghavan (Advocate,9444674980) 18 January 2015

Sorry for using the word MURDER, when we attending lot of threads, we tend to commit these mistakes.

what u said is right, for other sections of IPC but in you case you are booked under 498a and 304B, you can go through section 304B of IPC, the onus clearly shifts from prosecution to accused.

for your perusal i am enclosing the details of that particular section.