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Balasubramanyam (Manager)     18 April 2016

Witness in 498a

Dear all,

One of my colleagues who is a muslim has filed 498a against her husband alleging him of physical assault and mental harassment.In one of the instances when she was assaulted she came to the office one day later and was limping. On enquiring she initially lied aboout her injury but later on told her husband had assaulted her. She did not take any medical report or certificate at that time. She is now asking me to be a witness to that incident and give a statement to the police.I am apprehensive as there are no valid documents supporting her claim.On enquiry she said she has phone messages, conversation recordings, to support her claim. Her uncle is a retired SP and is lending support to this complaint. I wanted to know is it safe for me to give a statement under these circumstances. My friend a lwayer advised me against it. Please opine.



Learning

 5 Replies

adv.raghavan (Advocate,9444674980)     18 April 2016

Taking chair is not easy,  in this case you cannot be part of proceedings as you have not witnessed any thing, but only hear say from the defacto complainant. so i am sceptical about this.

NANDKUMAR B SAWANT (ADVOCATE./LAWYER)     19 April 2016

SIR,

KINDLY NOTE THAT.

1. YOU HAVE NOT WITNESSED THE SAID INCIDENT.

2. YOU CAME TO KNOW FROM HER IN YOUR OFFICE.

3. YOU WERE PRESENT AT SOME OTHER PLACE AT THE TIME OF SAID INCIDENT AND IF IT IS PROVED BY OTHER SIDE  THAT YOU WERE PRESENT AT SOME OTHER PLACE AT THE TIME OF INCIDENT THEN GIVING FALSE EVIDENCE MAY ATTRACT ACTION AGAINST YOU PLEASE NOTE.

4. BUT YOU MAY TELL THE ACTUAL FACTS , WHEN YOU CAME TO KNOW ABOUT THE SAID INCIDENCE FROM HER IN OFFICE.AS MENTIONED BY YOU.

GOOD LUCK.

N.B.SAWANT.M.COM.LL.B., ADVOCATE HIGH COURT.

prabhakar advocate (advocate)     19 April 2016

The statements which you say before the court on oath are called "heresay evidence" and does not have value in criminal proceedings.  Domestic violence cases are quasi-criminal, the court may take into consideration of your statements, if she provided other documentary evidences, which she was telling she had.  You should tell all the facts to the court and leave it to the court to decided what is correct and what is wrong. 

SAINATH DEVALLA (LEGAL CONSULTANT)     19 April 2016

Act according to the valuable advice of UR lawyer friend.

(Guest)
Don't listen to any lawyers. Stay away from such friends who try to abuse legal system. Stay away from the damn courts if you can.

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