Chances of conviction for co-accused witihout main accused
Gowthamnarahari Reddy
(Querist) 30 December 2016
This query is : Resolved
Dear Members,
I am an advocate recently started practice as an individual after 7 years with a senior
I am defending a case in 498a as an advocate
Only a7 & a8 (brother in law & sister-law) of de facto complainant can be convicted in case without a1 or without a2 – a6
if so any judgments in favour of accused-victims.
I did not face any such situation while practicing with my senior
This question is raised because of some hear say (gossips) by prosecution side
I don’t know why this hear say (gossips) came
Witness evidence is in favour of defendant (accused victim) in case i.e all (4) turned hostile
In this case the de facto complainant is leading a happy married (2nd marriage) life, after getting ex parte divorce from her first husband (accused victim No.1) in above case.
And the issue of de facto complainant 2nd marriage was never brought to the notice of Court/Prosecution
Looking forward, for your advices/suggestions
Ms.Usha Kapoor
(Expert) 31 December 2016
THERE ARE SO MANY DECISIONS OF high COURTS AND SUPREME COURT ARE THERE IN SUPPOT OF 498 A ACQUITTAL. search GOOGLE, YOU'LL FIND.
Rajendra K Goyal
(Expert) 31 December 2016
Judgment / reference cases / ruling / citation / decided cases not provided / supplied in this section.
Rajendra K Goyal
(Expert) 31 December 2016
Any of the accused can be punished if charges proved against him.
J K Agrawal
(Expert) 31 December 2016
It is wrong theory that some one is main accused or some other is not.
In fact all persons are main accused and their act only will determine there offense. It is not dependent upon other act. So if your client is not offender he will not be punished.
R.K Nanda
(Expert) 01 January 2017
citations not supplied.
adv.bharat @ PUNE
(Expert) 01 January 2017
Conviction can be done when guilt of accused is proved in court of law.
Gowthamnarahari Reddy
(Querist) 02 January 2017
Dear Members,
thank you for your answers.
I could not find any citations/judgments
on line in (google search) regards my query as said above by members.
please enlighten me that...,
without conviction of a1
or
without conviction of a2 to a6
how can only a7 & a8 can be convicted
in this case, when
all the 5 witness turned hostile
Dr J C Vashista
(Expert) 07 January 2017
In case all 5 PWs have turned hostile, where is the question of conviction?
There are number of judgments on acquittal in case(s) u/s 498A IPC, which is about 92% of total case(s) registered, search yourself.
Rajendra K Goyal
(Expert) 07 January 2017
For any further advice full case file has to be referred, discuss with your lawyer.
