dineshp83 - Legal Fighter. (manager) 27 February 2013

Section 306 misused to harras a male.

My question is

In one of the case of 306 only suicide note was claimed to be found and in which the content was as under ( Now the original is claimed to be lost by police )

" for my death only xyz person is responsible since i said no to him he is doing my NOTORIETY (written badnam ) ,i tried making his parents understand but they don't listen and takes his side , my parents don't believe in me i am fed up with all this and i cant take it anymore so i am committing sucide , he should be given very hard punishment."

the other party has made false case that boy was behind the girl and it was single way and threatening her of throwing acid and killing her brother so she got scared and committed suicide.

now the person was girls boyfriend he never harassed girl even there is video of a girl talking to the boy abt her one broken marriage , before the incident some other girl called deceased girls sisters husband and said that she is of bad character and they should control her and she is suppose to marry the accused xyz so she don't want this girl to come in picture , a boy don't know any of this girl even police tried to search connection of this unknown girl with xyz but they didn't found any connection of it with xyz.

The record of mobile phone shows that there are call and sms exchange regularly also in late night.and even boy has copy of sms in pen drive he was having it in mobile but moblie software crashed and all data is now gone.( I have seen all the sms ) They have given witnesses as deceased girls two sisters who were married from 5-7 years and were not staying with the girl and both sisters husband stating that girl just 4 days before her death told them that boy was behind her and was harassing her.

also to give sample of her handwriting her parents took 18 months and anyone of them never came to court since 2007 now since the high tideof emmotions for women has come the case is getting transferred to the special court set for ladies.

Police has filed only opinion of handwriting expert and report that original suicide note and samples are lost and permission may given to lead the secondary evidence.( Can xerox be considered as a secondary evidence if yes how much weightage will it have ) does boy have any chance to prove his innocence

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7 Replies

Adv Hemant Bhimrao Shirsale (Lawyer) 27 February 2013

Dear Friend,

really different case is this! Criminal Courts adopt following stages at trial after framing of charge on the accused, viz;

1) Prosecution has right to begin with evidence first, 2) Defense has to take every caution and to rebut the evidence of prosecution. 3) Defense has right to lead its own evidence(Defense Witness if any) 4) Arguments of both prosecution and Defense and Lastly 5) Judgement (Either Sentence or Acquittal)

In above case 1) handwriting of the deceased has to be proved in the court beyond all reasonable doubts, that means suppose the handwirting expert has quoted his opinion against the accused in the court, it can be very well rebutted by the defense lawyer 2) witnesses are appears to be sisters of victim as such they are interested witnesses there testimony can very well be shaken 3) In case if any witness turns hostile, then chanses of proving innocence of accused raise, however there are chances of initiation perjury trial alsp against the hostile witnesses by the court,4) The letter photocopy may be accepted in evidence as secondary evidence and could be challeged also if rebutted.

Advise you to engage briliant criminal lawyer in trial.

dineshp83 - Legal Fighter. (manager) 27 February 2013

Thanks a lot sir for writing back

1) I have forgotten to mention only report is there of expert and it is not in our favor , the expert who gave opinion he was there in court for another case in which court stated that court can not be dependent on his opinion very much as there was many loop holes in the cross examination.I have got the certified copy where court has slapped the expert in tight words.

And now original and even sample proof given by girls parents after 18 months( god knows why it took them so many months to just submit samples ) are both lost police have filed their report that it is lost then can we challenge opinion even in this condition ?

2) one friend who was working in that girls office knows the whole story and he is ready to become witness from boy's side but as he is witness from defense side god knows whether court will accept him as a witness ?

3) case is now transfered to special judge sadana shinde mams court as all cases of violence against women has to be assessed by ladies judge as per H C order will that have negative impact on the case ?

Adv Hemant Bhimrao Shirsale (Lawyer) 27 February 2013

Does not worry. Status and circumstances of each case may vary. See the Handwriting expert is not final authority to come to conclusion, they are only assisting person to help the court as the court is not technical person. secondly, the boy can very well be a defense witness who can give his evidence and lastly let the lady judge sits on the dais, if the evidence is loose, loopholes and latches in the investigation and if any doubt which gives suspicion to the accused, the court surely release him at once GN:)

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 27 February 2013

Dear Querist

you should contact a lawyer personally along with all the documents without reading all the document, I am unable to give my best opinion to you.

Feel free to Call

Nadeem Qureshi (Advocate)

Chember No. D-720, Karkardooma Court, Delhi

email : nadeemqureshi1@gmail.com

web: nadeemqureshi498a.webs.com

Mob: +91 9953809956

+91 8802305262

dineshp83 - Legal Fighter. (manager) 01 March 2013

Dear Nadeem,

I have already appointed a lawyer , but i have posted all the facts of the case which are already documented and are present in court.

Why we write it in forum because another view ,precaution to be taken,suugestions,or mistake of lawyers can be avoided so thought u will able to comment something but its ok thanks for your efforts.