Right of accuse
wifebetrayed
(Querist) 11 March 2012
This query is : Resolved
hi
what are the rights of accuse under 49 8a, at time of framing of charges
can he ask time and date, when he visted in laws for dowry.
Can he ask for date and time when wife wa physicaly assulated by me.
Chargesheet is genric in nature does not provide any details.
Also, can he ask IO why he did not mention details of ppl who attended marriage from my side and he spoke to them while investigation.
I have sent proof detailsto IO regarding false charge but no mention in CS. They have mention they were not able to locate me or my family while i have sms proof of info sent to him
Adv.R.P.Chugh
(Expert) 11 March 2012
Dear Querist,
At the time of framing of charge the domain of scrutiny is quite limited. The judge would sift through the evidence for the limited purpose of finding out prima facie case. If there are sufficient material on record which if unrebutted would bring home the offence against you - he would frame the charge - obviously though after giving you the right to hearing. Your arguments should be with citations + confined to the Police Report (i.e you can't bring your evidence)
V R SHROFF
(Expert) 11 March 2012
on whose side u q
498 99% cases acquitted who bothers??
nobody punished. majority 498 false cses . so be at peaaaaaace.
wifebetrayed
(Querist) 11 March 2012
i am the husband.
charges in CS are
demanding dowry charge on date of marriage
torture wife while her stay in at my home for dowry(in a different state) No witness , kerala police did not even bother to transfer case to delhi police for investigation
It is alleged that I have gone to their on spefic date for demanding dowry, which i have nt gone, so i want to induce them to say what time i went to their home, so i can prove them wrong.
with vauge allegatioin, it became diffcult to disapprove allegaton
i want to understand what all information i can seek to defend myself at the stage of framing of charges.
Shonee Kapoor
(Expert) 11 March 2012
The right of accused always remain the same.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
wifebetrayed
(Querist) 11 March 2012
i want to understand what all information i can seek to defend myself at the stage of framing of charges.
Deepak Nair
(Expert) 12 March 2012
Dear WIFEBETRAYED,
As replied to your queries in numerous occasions previously, just face the trial as per the procedure.
You can ask whatever you want at the time of cross examination.
Hope you have appointed a lawyer. if not, then appoint a lawyer who will take care of the needful.
Guest
(Expert) 13 March 2012
You should not keep it out of mind that charges are not framed in consultation with the accused.
It would be better if you keep yourself in readiness to scuttle down any of the charges framed. By elimination of fake charges and getting the solid charges intact proves quite harmful. Proving charges as fake, rather than getting them eliminated at the framing stage, helps the most.
