498a what is the chance of conviction?
mubeen
(Querist) 20 September 2014
This query is : Resolved
Sir,
Plz guide in the above matter.marriage was in yr 2000 .498A 323 504 507 filed against my family mother sister, father and brother in year aug 2008 when i was on govt job.my sister and brother are married earlier than me lives in mumbai and solapur and case is filed in latur maharashtra.police detained us for two days after arrest.Now in yr dec 2012 my wife living with parents appeared in court.2 winesses father and brother of my wife statement are recoeded which are false.doctor gave a certificate for injury but did not appeared before the court for statement.investgation officer appeared and recorded his statement cross examination is done for all winesses.there is no proof of any amount anything given to me or my family and we have never taken anything.before hearing of matter starts my father in law asked for 20lac for settlement. i want ask what are the chances of conviction in this matter.
Advocate M.Bhadra
(Expert) 20 September 2014
Conviction rate are poor in 498A IPC case after trial.The law are equal for both the genders.File a Quashing Petition u/sec. 482 Cr.P.C.in High Court,failing which face the trial by producing proper evidence.
The Supreme Court recent held and said women were increasingly using the anti-dowry law to harass in-laws and restrained police from mechanically arresting the husband and his relatives on mere lodging of a complaint under Section 498A of the Indian Penal Code.
Citing very low conviction rate in such cases, it directed the state governments to instruct police "not to automatically arrest when a case under Section 498A of IPC is registered but to satisfy themselves about the necessity for arrest under the parameters (check list) provided under Section 41 of criminal procedure code".
ABDUL RAZIQUE
(Expert) 20 September 2014
If the charge is proved against the accused the punishment shall be for three years or fine or it may be extended according to charges.
For further information read below
Husband or relative of husband of a woman subjecting her to cruelty.—Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. Explanation.—For the purpose of this section, “cruelty” means—
(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or
(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.]
Devajyoti Barman
(Expert) 20 September 2014
I do not see any chance for your conviction. Do get your case handles by a seasoned lawyer.
Sudhir Kumar, Advocate
(Expert) 20 September 2014
I am not in favour of giving you a hope which may not be true. Rather I would like to remove misconception. Mere fact that brother and sister are residing separately it doe snot mean that they cannot be party to dowry demand.
Even if someone is residing togather it does not mean tht he is party to dowry demand.
You may be having other evidence to prove your case as hinted by you and as advised by experts above.
Rajendra K Goyal
(Expert) 21 September 2014
You should take the services of some seasoned lawyer. Though the conviction rate in 498A is low yet you should fully defend yourself.
Laxmi Kant Joshi
(Expert) 21 September 2014
As per to your thread it seems that your chances of conviction is very rare , engage an expert lawyer for handling your case.
Nadeem Qureshi
(Expert) 21 September 2014
contact a lawyer personally with all documents
ajay sethi
(Expert) 21 September 2014
98%of 498A cases are false . contest case on merits
mubeen
(Querist) 21 September 2014
Thank you so much for the guidance.we are appearing for section313.we will prepare with agood lawyer documents and proper draft.Thank u onceagain
Dr J C Vashista
(Expert) 21 September 2014
It all depends upon the evidence(s) against you, which cannot be predicted.
Engage a local prudent lawyer.
Raj Kumar Makkad
(Expert) 21 September 2014
As the statement under section 313 Criminal Procedure Code has already been recorded so the case is now fixed for leading final argument and the entire material on the case is required to be gone through prior to giving final opinion.
T. Kalaiselvan, Advocate
(Expert) 29 September 2014
Since your case is at the final stage i.e., argument stage, it is better to engage a prudent lawyer, get your arguments prepared properly on the basis of proceedings and challenge the case.
V R SHROFF
(Expert) 29 September 2014
CHANCE???
2% CONVICTION
IS AVERAGE OF iNDIAN COURTS...........
tHAT TOO IN SERIOUS MATTER LIKE DEATH// SUICIDE ETC///
V R SHROFF
(Expert) 29 September 2014
CHANCE???
2% CONVICTION
IS AVERAGE OF iNDIAN COURTS...........
tHAT TOO IN SEIOUS MATTER LIKE DEATH// SUICIDE ETC///
mubeen
(Querist) 01 October 2014
As I mentioned earlier 1.there is no written or any sort of complaint filed by my wife in 8 years of married life from yr 2000 to 2008.
2.we have one daughter of 13yrs and son of 11yrs living with mother.3.the reason behind the false case is that she was never happy with the financial status of mine compared to her father and her wish to live with parents.
4.the incident is fabricated as me and my parents beated her on 15 aug 2008.two witness are there for this case one is her father and other is her brother.two days after the incident she went to police station and gave a complaint on plain white paper describing the fabricated incident mentioned above.they took a medical certificate in which a doctor mentiones that she is beaten up by some blunt object and the injury is simple and describes as the patient has history of such injury.the concerned doctor never appeared before the court to record his statement.some other doctor appeared and verified the certificate as it is been issued by the civil hospital and said that he never examined the patient.
No other evidence of serious physical or mental torture is been submitted or any witness is produced before the court.
there is no proof of any dowry given or demanded and no transaction was done between me and my wife and inlaws.
Now under section 313 what points should i put before the court that its false case.
Plzz guide me.
ABDUL RAZIQUE
(Expert) 03 October 2014
As per my knowledge
“Statement under Section 313 of the Code of Criminal Procedure is taken into consideration to appreciate the truthfulness or otherwise of the case of the prosecution and it is not an evidence. Statement of an accused under Section 313 of the Code of Criminal Procedure is recorded without administering oath and, therefore, the said statement cannot be treated as evidence within the meaning of Section 3 of the Evidence Act. The appellants have not chosen to examine any other witness to ?support this plea and in case none was available.”
“…if there is no evidence or circumstance appearing in the prosecution evidence implicating the accused with the commission of the crime with which he is charged, there is nothing for the accused to explain and hence his examination under Section 313 of the Code would be wholly unnecessary and improper. In such a situation the accused cannot be questioned and his answers cannot be used to supply the gaps left by witnesses in their evidence.” 27. In Mohan Singh v. Prem Singh & Anr., AIR 2002 SC 3582, this Court held: “The statement of the accused under Section313 CrPC is not a substantive piece of evidence. It can be used for appreciating evidence.
