Consideration of pre charge evidence by criminal court
VISHNU
(Querist) 09 April 2012
This query is : Resolved
Brief of matter:
In a Pvt Cr.Complaint case U/S 406/498 A IPC, after framing of charges against accused, the complainant even though present in the court, failed to produce witness, then the court closed her evidence by order. Thereafter no witness was produced by accused. The court dismissed the complaint and acquitted the accused. Apart from that in a civil suit for maintenance complainant was also not granted maintenance as court has held that she has deserted the husband and failed to prove any cruelty/maltreatment on part of respondent.
The operative part of Ld trial court judgment read as “ There being no after charge evidence on file from the side of complainant, further keeping in view the findings of civil court to the effect the husband of complainant i.e accused no.1 neither subjected the complainant to cruelty nor deserted her. Complainant has failed to prove her case beyond shadow of any doubt. Thereby I acquit all the accused who are facing the trial.”
Query for consideration:
(a) Whether the finding of civil court between same married couple is applicable in criminal case as referred by trial court?
(b) Whether pre charge evidence of complainant can be considered by the court, when complainant was present in the court but did not put herself in the witness box for cross examination when her evidence was closed by order. Support anyCase law.
Thanks
Sankaranarayanan
(Expert) 09 April 2012
Civil court only for whether she has entitled for grant maintanance or not. As per your vesrsion the court accuited you from both.
Shonee Kapoor
(Expert) 10 April 2012
a) Yes it is valid.
b) No.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
