AS 19 September 2015

Statement in chief - 406 specific

Chief ---- Girl mentioned in chief that very next day of marriage " My all Jewellery articles and Gifts + Money given by friends as gift are taken by my Husband and Inlaws by saying that we will keep it safe in our custody". Now they are not giving it back even after my continues request.

Fact - No such incident happened. She did not mentioned weight of each and every jewellery article and also did not mentioned detail of gift articles and also did not mentioned the Amount of Cash entrusted.

Cross - We did asked about bills of jewellery but she stated that she is not aware of same as it was given by my father.We did not asked how much cash was there...

Advise --- If this verbal statement is enough to procecute accused in 406 ?

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5 Replies

SAINATH DEVALLA (LEGAL CONSULTANT) 20 September 2015

Too early to think of section 406,still a long way to go

AS 20 September 2015

My query is unanswered... ...appreciate if someone give answer ... rather then generic comment

Aashish George (lawyer) 20 September 2015

well, there has to be some kind of documentary evidence in order to prove or back her statement. prosecution has to stand on its on own legs, therefore, they need to prove the accusation they are alleging against you. and please, when was the last time you checke the weights on your jewellery articles? that does not prove anything in your favor. marriage photos, or any kind of documentary evidence will help her case.

my advise, show your bonafide, by handing over her articles or face the music. rest is upto your advocate who is handling the cross examination.

best of luck