Whether a charge sheet filed for offences of bigamy can be quashed on the ground that the De - Facto complainant/ Wife does not having personally knowledge about the second marriage. Whether the hearsay communication can be a valid proasecution.
POOVENTHERA RAJAN (Taxation Advocate) 01 December 2011
Whether a charge sheet filed for offences of bigamy can be quashed on the ground that the De - Facto complainant/ Wife does not having personally knowledge about the second marriage. Whether the hearsay communication can be a valid proasecution.
Raghav Sood (Lawyer) 01 December 2011
well if the facts constituting the petition discloses the ingredients of offence and at the stage of issuing process court does demand entire evidence just prima facie case if its made out then issuance of process is inevtable the evidence is hearsay or direct would be the matter of appriciation in the trial the revisonal courts are slow in interfearing preliminary orders these days
Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 01 December 2011
Wait a minute,
Wife says that she came to know.... hearsay. Then how can court issue summons. The evidence has to be prima-facie sufficient to proceed.
The trial is vitiated and can be quashed.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Raghav Sood (Lawyer) 01 December 2011
prima-facie case do not equate it with prima facie proof the prima facie case would be during the subsistance of first marriage he has contracted second marriage
Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 02 December 2011
Sir,
Please note that Bigamy 494 is a non-cognizable offence, hence some prima-facie evidence has to exist to launch prosecution.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
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