To add to the earlier query: The sole incident proven by prosecution occurred two months after the original complaint was filed but two weeks before the FIR was registered. There is no mention of this incident in the charge sheet or any witness statements. Prosecution inserted this incident two years after the trial began through an application u/s 311 crpc.
Dear All In trial for 498A/406/506/323 case, the prosecution has been able to prove only one incident of a kick by the husband during a quarrel with wife. There is no injury claimed by the wife and no medical report provided by wife. All other allegations have been either proven false OR are vague allegations of purported incidents which occurred 15 years back. Court Order will be announced in 2 days from now. Based on your experience, can you tell what is the possibility of conviction u/s 323 alone. Also, what could be the likely sentence in such a case of single isolated instance. Any thoughts would be highly appreciated. Warm
Regards Ajinkya