About passport entry exit stamps
Anil Pasupala
(Querist) 21 June 2016
This query is : Resolved
Dear Experts,
I am appreciating all support from LCI members; this forum is very much useful for dummies like me.
Now regarding my queries
1-FIR registered with (498A,323,506 and DP act sec 3 only) But in charge sheet its (498A,323,506 and DP act 3 & 4) why the IO did not mentioned in FIR about DP act4,whereas charge sheet is simple copy of FIR, same word to word copy ???
2-whatever the allegations in FIR, Charge sheet, Witness Statements all mentioned only one thing, that after marriage I lived with me wife for about 5 months, then all the allegations(physical torture, mental torture) happened according them ??
Whereas I left the country after 1 month of my marriage, can I use my passport entry and exit stamps and flight E-Tickets for my defense as evidence, is it admissible in the respective court (the copies of entry exit stamps and Etickets in plain paper) or shall I have to apply RTI to get this information, as I read in this forum that RTI is exempted in Bureau of immigration which is part of IB ??
3-They even mentioned that I pledge her jewelry somewhere, in both FIR and charge sheet, whereas the entire jewelry is with her. How to prove it,if at all it was true why the IO failed to register IPC 406 and other sections ??
Dear LCI experts I am thanking your support in advance.
Sudhir Kumar, Advocate
(Expert) 22 June 2016
the evidence of you being away from countgry may be helpful to contradict some assertion if your physical presence is alleged.
But being away from country is not a blanket immunity from allegations. For such like evidence like torture, dowry demand, threatening etc there is no requirement for the accused to be present to committing or abetting the crime. Such like crime can be committed planned and instigated even sitting abroad.
So do not solely depend on this evidence.
Sudhir Kumar, Advocate
(Expert) 22 June 2016
For views on 406 please elaborate
(i) how the jewellery came to you and
(ii) how it went to her.
please also intimate the status of the jewellery presented by you or your relatives.
anand
(Expert) 22 June 2016
For 498A your psychical presence is not required as it also cover mental cruelty, but you can create doubt in the mind of court that for the relevant period you were not there present in India and this 323 is not applicable and this the claim is false and if possible try to get you telephone bills in which you have made calls to India when you were abroad..., this can further substantiate your defence.
Anil Pasupala
(Querist) 22 June 2016
Thank you Mr.Sudhir Kumar sir and Mr.Anand sir
Rajendra K Goyal
(Expert) 22 June 2016
Agree with the experts.
Seems, author has preferred not to reply the questions from the expert Sudhir Kumar.
Anil Pasupala
(Querist) 22 June 2016
@ Dear Mr.sudhir Kumar sir,
(i) how the jewelry came to you and
The jewelry was with my wife always, she was keeping herself in her steel wardrobe, she was the only person who is having keys, she came to my house with her relatives and took her jewelry back(10 Tolas) along our gifted jewelry (15 Tolas).But we stopped her and took ours.
(ii) how it went to her.
The jewelry was with my wife always, she was keeping herself in her steel wardrobe, she was the only person who is having keys, she came to my house with her relatives and took her jewelry (10 Tolas) along our gifted jewelry (15 Tolas).But we stopped her and took ours.
Now she is eying on our jewelry to claim as her jewelry. But I have all the bills on my name since i brought the jewelery for her.
The main thing is that she mentioned in charge sheet that we pledged her jewelry some unkwon place for my mother treatment which is not true.in FIR she mentioned that we pledged her jewelry for our luxuries.both the statements are different.
