Advocate Ram Prasad (Chief Lawyer) 27 March 2016
Advocate Ram Prasad (Chief Lawyer) 27 March 2016
SAINATH DEVALLA (LEGAL CONSULTANT) 27 March 2016
What is the stage of the 498a?
Vijay Raj Mahajan (Advocate) 27 March 2016
Voice recording is not always sufficient for proving criminal charges as these are always denied and to prove the veracity of the recording as correct the voice sample of the persons whose voice are said to be heard collected and matched in the forensic laboratory and still the voice recorded can be said to be doctored by expert actors for using it against the accused, the court will always insist for corroborating evidence to prove the criminal charges.
As far the gifting a immovable property worth 45 Lacs to wife is good defense for husband to disprove her charges of cruelty under section 498A IPC, the court by all means hold the charges made by wife as correct against the husband who is gifting an expensive immovable property to her cannot by any means show was treating her with any act of mental or physical cruelty or demanding any valuable from her that can be termed as dowry.
The family background of both parties too is taken in consideration while deciding the criminal charges.
The police complaint u/s 498A etc. IPC unless get registered as FIR has no value as the investigating Police Officer can always submit report as incorrect of the charges made by the wife after recording statement of both sides, checking the evidence collected during investigation and checking its veracity of being correct.
Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 27 March 2016