498a query
Somendra
(Querist) 08 February 2012
This query is : Resolved
my wife put false 498A case on me, please solve my following queries in regard to this :
1. Can wife and other witnesses modify/ improve their statements given to police and facts in FIR during trial and cross examination. what is value in eyes of law for such modification / improvements. Whether due to this prosecution case becomes weaker or stronger.
2.The statements given by father and mother is have some legal value or not.
2. Father and Mother of wife as PW and their statements during trial saying orally the facts of FIR and statements u/s 161 is enough for conviction u/s 498A
3. If in FIR them claim to give 10 as cash as dowry demanded and for this they say that some of the money is borrowed from relative and some is from sale of ancestral jewellery. how to counter this during trial.
4. If that relative come in court as witness confirming that he has given some money as loan/ gift to him, can we cross question that person about his sources of fund or bank statement.
Thanks in Advance.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 08 February 2012
Now it not the stage you first cross the bridge of getting bail and when charge sheet is filed than only these matters are relevant.
Light is white but when it is passed through PRISM it is converted into seven different colors which are totally contradictory with each other. THIS IS POWER OF CROSS, POWER OF DEFENSE.
It is applicable in all cases and easy to demolish any case by properly conducted cross examination of complainant and its witnesses.
ajay sethi
(Expert) 08 February 2012
you need to engage a senior lawyer for cross examination . your wife and in laws need to prove that rs 10 lakhs was given in cash .
you have to ask them source of funds . is it declared in income tax returns .
who were thre witnesses who saw you giving money .
if sale of jwellery they must be having receipts . ask for production of bank statements
the statements made by your in laws have to be tested during cross examinatio n .
Devajyoti Barman
(Expert) 08 February 2012
1. Yes
2. No special value. It is like other witnesses.
3.You need not counter. They have to first prove such borrowings. Mere statements would not do.
4.Yes.
prabhakar singh
(Expert) 09 February 2012
1.yes ,it can be,rest depends.
2.&3 let them do so.You need not give counter evidence but do need to cross examine efficiently.
4.yes! you have every right of cross examine.
Shonee Kapoor
(Expert) 10 February 2012
Nothing left to add.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
V R SHROFF
(Expert) 10 February 2012
Don't worry about all that, t will take year to come to that stage.
You are well advised too.
Don't think n details, and just relaxed.
only hire a competent local Advocate to defend yourself. That's all
