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Procedure/process on the day of hearing of sentence (Family Law)

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Author : B Guru Murthy

Posted On 12 January 2017 at 00:46



Dear LCI,

querist (A1) convicted in 498a along with A6 (sister-in-law),
now waiting for hearing of sentence

on the day of pronouncement of judgment.......

Judge questioned for a1 & a6


for a1, why no defence evidence?

I have no answer to the JUDGE


AND


FOR a6,

as you took aliby on the day of alleged offence and you did not adduce any evidence to that, thus you are convicted

even a6 has no answer to the JUDGE

But the answer to question of JUDGE to the FORUM is ..,
that our counsel(legal aid) said not to adduce any evidence, so i was silent basing on his words and



no idea why, a1 convicted.

&

no clarity why, a6 was convicted.


but all witness as per 161 statement are hostile
only police and complainant side witness was taken


query:

in this regard A1 can request to call de facto complainant (498a petitioner & then wife for a1) to talk in court before judge regarding the sensitivity matters related of the case on day of hearing of sentenence

as provided U/s 235(2) - chance given to a1 to say few words related to case



 

To activate Click to Talk, e-mail at lciconnect@lawyersclubindia.com 





Expert : P. Venu

Posted On 12 January 2017 at 09:42



No suggestion is possible unless the Judgement is perused. Anyhow, onus of proving the alibi rests on the shoulders of the accused.



Expert : Rajendra K Goyal

Posted On 12 January 2017 at 18:21



Full case file and orders of court need to be referred, discuss with your lawyer.


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