How to prove
wifebetrayed
(Querist) 01 April 2012
This query is : Resolved
how can i prove i was not in wife house on a date which mentioned in chargesheet.
i was not there but what would happen, if she, her parent state that i was there.
V R SHROFF
(Expert) 01 April 2012
You have to give ur evidence and proof u were not there.
Let them say whatever.
ur adv will cross check them
judge is there to judge who is right & who is wrong.
wifebetrayed
(Querist) 01 April 2012
what kind of evidence is admissable in court.
my house is around 100km from wife house.
my albi are my realtive.
Shonee Kapoor
(Expert) 02 April 2012
Wait a minute, she has to prove the same that you were there.
Remain calm and concentrate on cross-examination
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Nadeem Qureshi
(Expert) 02 April 2012
Dear Querist
if you have some documentary proof, you can file before the court.
feel free to call
N.K.Assumi
(Expert) 02 April 2012
If you were not there, certainly you must have been some where in some place, with some one, so get those people to support your case that you were not there.
Raj Kumar Makkad
(Expert) 02 April 2012
There is no straight jacket reply to your query. There may be hundred proofs which may establish that you were at some specific place at the relevant time. You are the best person to tell.
SAINATH DEVALLA
(Expert) 02 April 2012
Dear Querist,
Along with your advocate concentrate on securing valuable evidence and alibi,that you were elsewhere on that particular day.When she has submitted her version that you visited their house as per the chargesheet,you submit a counter along with your evidence and proofs.Don't keep on thinking too much on this aspect.
Deepak Nair
(Expert) 02 April 2012
The onus is upon your wife to prove that you were there.
Your advocate will take care of the rest.
Adv.R.P.Chugh
(Expert) 02 April 2012
The primary burden of proof lies on the prosecution (s.101 IEA) they have to prove your guilt beyond reasonable doubts for which they'd have to prove your presence there on the date of occurence by direct or circumstantial evidence. Only after they succeed in proving so, does the burden shift on you (S.102 IEA) to lead evidence in your defence, where you can plead your alibi. Make it a point to specifically allege alibi in your 313 examination after prosecution evidence is over. Your relatives can be led as defence witnesses to prove alibi, however since they are interested witnesses the court might not give them that much of credence, look for other evidence like cell phone records the tower details etc.
wifebetrayed
(Querist) 02 April 2012
thanks for your response.
as of now, her alibi would be her relative and neighbour and mine would be my relative and neighbour, it is a deadlock.
i wanted to produce cell phone records with tower details, not aware how to get this information.
