498a & 406
Mustafa Bhat
(Querist) 18 May 2014
This query is : Resolved
Sir,
3 PW cross examined till date in case for 498A & 406 filed to me by my ex-wife, in oral evidence they have said a lot of absurd like she was beaten, dowry & cash was demanded & I have even killed my first baby.They lady was thrown out of the house by her husband etc
But it is all oral the evidence, they do not have any proof of all this absurd like demand of cash or transfer to my any account, killing of baby, & even beating as their no certificate from any Medical officer.
So my submission what is the credibility of this oral evidence in a criminal case like 498A
Devajyoti Barman
(Expert) 18 May 2014
oral evidence does have credibility if it clearly establish the charges beyond any doubt.
Rajeev Kumar
(Expert) 18 May 2014
@victim if u are a housewife then how u have a wife. Please clarify. You seems to be a fake user.
Rajeev Kumar
(Expert) 18 May 2014
And i agree with Barman sir.
Mustafa Bhat
(Querist) 18 May 2014
Barman Sir,
1)PW 1 Uncle of Complaint during Cross examination & deposition of statement with examining chief said that the accused said to me that he was promised by his inlaws that they will buy a house for him in city.Which they didnot.
Now my query if i had said this to him i should be also asked about it, Moreover no such statement was given by him in 161.
2)PW 2 uncle of Complaint said that the accused was demanding money for buying the house in city,
He said i have not said this in 161 that he was demanding money.
3) PW3 father of complaint said the accused was demanding cash for cars & other things.
Sir, what is credibility of the Statement of PW1, 2 & 3
P. Venu
(Expert) 19 May 2014
It is for the learned judge to decide whether the deposition is credible or otherwise.
Devajyoti Barman
(Expert) 19 May 2014
Dear Victim, consideration of statements of witnesses is a very tedious and detailed job demanding lot of scrutiny in peculiar facts situation of the case.
On the basis of the few lines of statements and that too in absence of perusal of other papers, we are in no way positioned to make comment on it.
One thing can however be said that witnesses should have been confronted with the contradictions of 161 statements.
V R SHROFF
(Expert) 19 May 2014
Dear Victim:
Such Oral statements of Witnesses must be cross examined tactfully to prove his deposition false. .
The presence of person is required. NO HEARSAY.
NO MEDICAL CERTI/ NO Dr. examined/
So though a bit difficult, you can win.
ajay sethi
(Expert) 19 May 2014
agree with mr barman
Rajendra K Goyal
(Expert) 19 May 2014
Agree with the expert Devajyoti Barman ji.
T. Kalaiselvan, Advocate
(Expert) 19 May 2014
I too endorse the views of expert Mr. Barman sir on the subject issue. In such matrimonial cases, the evidences of the close relatives can be relied upon, there are settled laws to this position.
Mustafa Bhat
(Querist) 21 May 2014
Sir,
Today the lady/Complaint was examined, She made statement under Crpc164 today were in she which said a lot which she has not said in Crpc 161.
Will it be called improvisation.Will it benefit me/accused.
When asked about the demand she said the list which i have given in police station is list of demanded & i have given it to my inlaws as they demanded,when asked why she has not given receipt/Voucher of these items to police she said. She replied that I have given receipt/ Voucher to my inlaws so they were not with her.In crpc 161 she not said anything about Voucher/ receipt.
She also said in Crpc 164 that accused has demanded house,but she has not said anything about house in her Crpc 161 or in her complain.
She was asked in cross examination that does she have ATM,she replied yes but I used to keep it with accused.
Sir My point regarding ATM was basically different, I have got her ATM details were in she has made all ATM Transaction in the month in which she claims to be thrown out of house by accused & inlaws from her parental house & that too in early morning & late in evening which i almost 30 KM from place.So it didnot worked the way i wanted.Actually she was already at the her parental house two months before which she allege the date of occurrence .Will it create any problem
Please advise are they Contradictions/Improvisation. Will it help me/accused any ways.
Mustafa Bhat
(Querist) 21 May 2014
Sir,
Today the lady/Complaint was examined, She made statement under Crpc164 today were in she which said a lot which she has not said in Crpc 161.
Will it be called improvisation.Will it benefit me/accused.
When asked about the demand she said the list which i have given in police station is list of demanded & i have given it to my inlaws as they demanded,when asked why she has not given receipt/Voucher of these items to police she said. She replied that I have given receipt/ Voucher to my inlaws so they were not with her.In crpc 161 she not said anything about Voucher/ receipt.
She also said in Crpc 164 that accused has demanded house,but she has not said anything about house in her Crpc 161 or in her complain.
She also deposed in court that I was compelled by my husband to take loan, So i took loan of 4 lacs & from it my husband purchased the Santroo Car.This she also said in 161.
In 164 she added that she has taken loan before marriage as she compelled throw middle man by her husband to take loan.
Sir, but the fact of matter is i donot have Santroo car at the time of marriage nor even after two years of marriage.I did purchased one but at that time she has already left my house.
What is credibility of such statement.
She was asked in cross examination that does she have ATM,she replied yes but I used to keep it with accused.
Sir My point regarding ATM was basically different, I have got her ATM details were in she has made all ATM Transaction in the month in which she claims to be thrown out of house by accused & inlaws from her parental house & that too in early morning & late in evening which i almost 30 KM from place.So it didnot worked the way i wanted.Actually she was already at the her parental house two months before which she allege the date of occurrence .Will it create any problem
Please advise are they Contradictions/Improvisation. Will it help me/accused any ways.
Devajyoti Barman
(Expert) 21 May 2014
I have relied update on your another thread.
Mustafa Bhat
(Querist) 21 May 2014
Barman Sir
I am not getting that thread.
Sudhir Kumar, Advocate
(Expert) 26 May 2014
repeated
http://www.lawyersclubindia.com/experts/498A-406-473816.asp#.U4NQ2nb5ugA
Sudhir Kumar, Advocate
(Expert) 26 May 2014
repeated
http://www.lawyersclubindia.com/experts/498A-406-473486.asp#.U4NRDHb5ugA
Mustafa Bhat
(Querist) 27 May 2014
Sudhir Sir/ Barman Sir,
I am in need of advise as cross examination is also over & this was the statement after Cross examination.
Today the lady/Complaint was examined, She made statement in court today in presences of examining chief were in she which said a lot which she has not said in Crpc 161.
Will it be called improvisation.Will it benefit me/accused.
When asked about the demand she said the list which i have given in police station is list of demanded & i have given it to my inlaws as they demanded,when asked why she has not given receipt/Voucher of these items to police she said. She replied that I have given receipt/ Voucher to my inlaws so they were not with her.In crpc 161 she not said anything about Voucher/ receipt.
She also said in court today in presences of examining chief that accused has demanded house,but she has not said anything about house in her Crpc 161 or in her complain.
She also deposed in court that I was compelled by my husband to take loan, So i took loan of 4 lacs & from it my husband purchased the Santroo Car.This she also said in 161.
In court today in presences of examining chief she added that she has taken loan before marriage as she compelled throw middle man by her husband to take loan.
Sir, but the fact of matter is i donot have Santroo car at the time of marriage nor even after two years of marriage.I did purchased one but at that time she has already left my house.
What is credibility of such statement.
She was asked in cross examination that does she have ATM,she replied yes but I used to keep it with accused.
Sir My point regarding ATM was basically different, I have got her ATM details were in she has made all ATM Transaction in the month in which she claims to be thrown out of house by accused & inlaws from her parental house & that too in early morning & late in evening which i almost 30 KM from place.So it didnot worked the way i wanted.Actually she was already at the her parental house two months before which she allege the date of occurrence .Will it create any problem
Please advise are they Contradictions/Improvisation. Will it help me/accused any ways.
Nadeem Qureshi
(Expert) 28 May 2014
You should contact a lawyer personally with all documents it will be better for best advise
