This is the last part in continuation of earlier two parts came up on this forum under the title that “how to prove section 498-A offences”?
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Forum Home > Family Law > How to prove Section 498-A Offences
In the 2nd part, we came to the stage where the court gives the copy of the charge sheet and all other relevant documents to the accused. You can get them by applying for certified copies. Now, in your file, you have your complaint, FIR Copy, charge sheet and Section 161 Cr.P.C. statements and other documents you provided to the I.O. You have already verified that the statements in Section 161 are properly recorded as you said before the I.O.
By this time, there was a chance that the accused might have already gone to High Court for quashing of the charge sheet. Now after filing of the charge sheet, the accused may again go to High Court for quashing the charge sheet and criminal proceedings. If he succeeds there, the matter ends there. If he does not succeed, the trial starts.
After filing of the charge sheet, the trial does not start immediately. The court will direct the prosecution to lead its evidence. This date will be a very lengthy date, as per the availability of the diary date of the court. It oppresses you as a complainant and also defence. The date would go beyond one year.
Naturally, the prosecution shall produce the complainant as its first witness as she is the material witness and by her deposition, three-fourth of the case will be over. But, it is observed that the prosecution puts other witnesses such as duty officer, who are formal witnesses and not so much important for the purpose of proving the charge, in the first place. There would be a gap of six months from one date to another date. In this way, as a material witness, you will be put in the witness box after two and half to three years from the date of complaint. Things would be blurred by that time. You might have faced the hell of life time by your family members, relatives, friends by branding you “Section 498-A wife”, “extorting woman” and what not. In such wrecked condition if you will be put in witness box, you say something incoherently through out your deposition and the charges are not proved. To avoid this thing, you have to take the following steps:
1. Prosecution is either busy or not interested to prove the prosecution case or for any other reason, it will not tell you what happens when you stand in witness box. That is why, a week before your evidence, you go through your file. You read FIR and Section 161 statements. You contact your advocate and give him file and ask him what are those questions that can be asked in the cross-examination. He will frame the questions and also suggest the answers to be given to such questions. You discuss with him thoroughly and after that you prepare yourself for examination and cross examination.
2. Now once you stand in the witness box, the prosecution asks you – “what happened on that day”. Then you have to narrate the incident. It will ask the further questions pertaining to the various incidents in a friendly manner, so that whatever you said in FIR and Section 161 statements come out in your evidence. It is called “examination-in-chief”. Now, the court asks the defence counsel to cross examine you. He, invariably asks for a date and does not cross examine you by citing various reasons. The intention behind this is that the matter can be delayed and whatever you said in examination-in-chief will be forgotten by you. You can get the certified copy of the examination-in-chief. The next date again comes after 6 months. The defence counsel avoids the cross examination of complainant as many times as possible by various pretexts and it will be advantage for defence. Hence, on each and every date, one day before the date, you must prepare for cross examination at your home by going through the questionnaire you prepared with the assistance of your advocate.
3. In the cross examination, you must give answers very briefly. Do not try to elaborate. Already your elaboration is there in 161 statements and examination-in-chief. If you elaborate, that will spoil your case. For example he asks a question:
Q. It is wrong that your husband has ever beaten you? (It is a suggestion question)
A. Your suggestion is wrong. (You need not elaborate that he has beaten me on such and such date, because it is already there in examination-in-chief)
Q. “You left your matrimonial home on---------(so and so date) without seeking your husband’s permission? Answer only yes or no”.
A. No. (now you want to add some thing, you can say, “in fact he took me to my parental home and left me there”.) It will be recorded like this:
A: No. (Voltd.) in fact he took me to my parental home and left me there.
The above are only illustrative questions and not exhaustive.
Once, your cross examination is over, similar procedure is followed in respect of other witnesses, if any. If they are your relatives, friends, they also be properly prepared, as you prepared, to face the onslaught of the defence.
Once, prosecution evidence is over, your part is over. You have to simply wait for justice. Now, it is for the defence, whatever steps they want to take.
After completion of the trial, the trial court judge will see that whether there is any material and most important contradiction between the FIR content, Section 161 statements and the examination-in-chief and in cross examination of witnesses, more particularly in the complainant’s depositions. Further, he will see that the version put forth by the complainant is supported by the other prosecution witnesses. If no material contradiction is there and the offences alleged and proved come within the ambit of Section 498-A, the court will hold the accused as guilty.
Now, before ending this part, I would like to reply to unwarranted and uncivilized statements of some of the members of this forum.
The Bench (judges) and the Bar (advocates) have the responsibility to make the public aware of their legal rights and how to enforce them. In respect of the rights of women, children and poor industrial workers, several governments have allocated funds and are sending the advocates to the places where these people reside and tell them about their rights and how to get them implemented. Mobile vans are being arranged by the Bar Associations and are exhorting the advocates to go to various places of residence and create legal awareness among masses. Big news paper advertisements are being given. In
Good bye.
Warm regards
prabhakar
