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abhimanyu (nil)     27 May 2019

Dowry demand

In a charge sheet filed in the Court for 498a offence, the Investigating officer has written in the charge sheet that the accused has admitted that he demanded dowry for which he has prayed that he be pardoned.   THIS STATEMENT OF THE ACCUSED WAS NOT TAKEN IN WRITING BY THE INVESTIGATING OFFICER. 

a)  Can acused deny in the Court  that he did not admit of demanding dowry and also did not pray for pardon  He pleads that the report of the investigating officer is wrong.

b) how investigating officer will prove in the court that whatever is written in the charge sheet is absolutely right



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 5 Replies

Vijay Raj Mahajan (Advocate)     28 May 2019

Statement made by the accused before the investigating officer of the police has no relevance in the court proceedings, so whatever you stated before the IO cannot be used against you in the prosecution by the police. The onus to prove the accused guilty of the offence charged is on the prosecution and that can be proved by irrefutable evidence if that exists. It's not the job of the accused to prove himself as not guilty so just relax and deny all charges made against you including any allegations made of admission by you during the investigation stage.

abhimanyu (nil)     28 May 2019

SIRS, THANKS VERY MUCH.

Sir, if statement made by the accused before the investigating officer  of the Police has no relevance in the Court proceedings, then what is the significance of Investigation by Police. But what is not undrstood is 

a) why accused admitted his crime and sought pardon before the Investigating officer AND WILL DENY THE SAME BEFORE THE COURT. ,  WILL HE GET BENEFIT IN THE COURT PROCEEDINGS  BY BEHAVING LIKE THIS BEFORE THE INVESTIGATING OFFICER? 

b) WILL INESTIGATING OFFICER NOT BE ASKED BY THE COURT AS TO WHY HE MADE WRONG STATEMENTS IN HIS CHARGE SHEET ABOUT THE ACCOUSED, WHO DENIES MAKING STATEMENTS  MENTIONED IN THE CHARGE SHEET.

 

PLEASE  THROW LIGHT ON THIS POINT AS TO WHAT BENEFIT ACCOUSED WILL GET BY ADMITTING THE CRIME BEFORE THE INVESTIATING OFFICER AND DENYING THE SAME IN THE COURT PROCEEDINGS?

 

abhimanyu (nil)     28 May 2019

Thanks Sir, But my query is different Sir. I repeat below my query: In a charge sheet filed in the Court for 498a offence, the Investigating officer has written in the charge sheet that the accused has admitted that he demanded dowry for which he has prayed that he be pardoned. PLEASE THROW LIGHT ON THIS POINT AS TO WHAT BENEFIT ACCUSED WILL GET BY ADMITTING THE CRIME BEFORE THE INVESTIGATING OFFICER AND DENYING THE SAME IN THE COURT PROCEEDINGS? THAT IS BY TAKING CONTRADICTORY STANDS CAN ACCUSED GET ANY BENEFIT?

abhimanyu (nil)     28 May 2019

BUT SIR ON WHAT BASIS the Investigating officer has written in the charge sheet  ( WITHOUT ANY MATERIAL IN HIS HAND) that the accused has admitted that he demanded dowry for which he has prayed that he be pardoned.  what can be the interest of investigating officer in that?

 

 

abhimanyu (nil)     28 May 2019

Thanks very much Om Prakash, Sir.

 The case is of somebody, who is very anxious and worried about their case  and was astonished when he saw  from the charge sheet that  accused, who is very tough otherwise, admitted his Crime before the Investigating Officer and prayed for Pardon.  His only worry is what benefit the accoused wants  get by this admission made before the Investigating officer, which admission is appearing in  the Chargesheet. 


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