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rebellion (fighting against bias law)     27 August 2014

498a who's responsibility to prove

Hi Experts

When wife files false 498a FIR then even you have enough proof to prove it false on lots of points but IO doesn’t consider them and said we mostly take woman's complaint and create charge sheet based on it and denied to  considering proofs?

Here lawyers says accused has burden to prove it false line by line as SC has ruling that whatever woman said is correct. In this case lot of imaginary content which somebody may or may not have proof.

How to proceed and way out ?

What is actual and what is myth please clear.

Please help Thanks 

 

 



Learning

 3 Replies

NUT (Programmer)     27 August 2014

This burden is proof lies on either side .... If your wife says you raped her ... She has to proof undoubtedly ... That such an incident happened undoubtedly .

Sudhir Kumar, Advocate (Advocate)     27 August 2014

what are facts of case.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     27 August 2014

Few things have to be clear to you:

 

1. Burden of Poof is on the Prosecution and not the accused.

2. Oral statement given by the girl and her relatives under oath is also Evidence after cross-examination. 

3. Effective cross-examination is the key. Mostly lawyers in such cases when they are not well versed with the art of cross-examination say that the statement of the girl is true.

 

However, on the other hand, if you prove substantial allegations as false and bogus there is no chance that you would be convicted.

 

 
Regards,
 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.

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