Ex-Parte Conviction of Husband in 498A

Querist : Anonymous (Querist) 16 March 2010 This query is : Resolved
Que.1.IF 498A is Filed against Husband and Police filed their Charge sheet as usual and Husband does n `t want to contest and ready for the conviction of 3yrs of Jail even though he is innocent ,instead of Roaming around courts and wasting his own time and money and Public prosecutor Time in Such a Scenario can the case be Judged Ex-Parte in Favor of Wife?

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adv. rajeev ( rajoo ) (Expert) 16 March 2010
It can be and it is definately conviction. If he didn't appear before the court and didn't take the bail non bailable warrant will be issued to him.

Santosh Kumar.K (Expert) 16 March 2010
he can very much admit that he has done the crime and donot want to contest the case,at this point if it appears to the hon'ble court the husband is prima facie guilty of the offence,then the court using its discretinary power to announce the judgment against the husband

Querist : Anonymous (Querist) 16 March 2010
In such a Scenario my next question would be can this Conviction be appealed in High Court by the Husband?

Raj Kumar Makkad (Expert) 16 March 2010
I think your quarry is a big joke.

Mr.! This is a criminal case wherein police has to file its charge-sheet after thorough investigation and court after perusing it has to frame definite charges against accused and prosecution has to place its evidence therein and there is no scope for the accused to say anything till the trial is completed. At last he is given a chance to say anything under section 313 Criminal Procedure Code in his defence and if you desire can confess your guilt and court shall announce its decision accordingly and no appeal/revision can be filed against such order by accused if he willfully admits his guild before the court.