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When prosecution witness is in favour of defendant, can we file defence evidence in 498a

(Querist) 04 December 2016 This query is : Resolved 
Dear LCI Members


Facts:
W1/W2 – told story according to FIR (de facto complainant and Mother)
W3/W4 – HOSTILE (neighbours of matrimonial home)
W5/W6 – ABSENT ((neighbours of de facto complainants’ Parental home)
W7/W8 – (SHO & CI) SHO failed to answer the facts of story & CI was silent when Questioned by Defence Counsel & Judge

Evidence I have:
1. Communication (through courier and Regd Post) made to de facto complainant to join me before filing of 498a case. In this few were rejected and few were accepted by her. After the writing letters to join me only the 498a case was filed.

2. In a OP (divorce) case filed by de facto complainant, she herself filed an advance petition in above OP (divorce) case to marry (second marriage) without giving notice to husband (respondent). However, the petition is dismissed.

3. LIC policies (2) taken on her name, before filing of all 3 cases against me.

4. Facts of story, dates, allegations filed in 498a case is different from Divorce case and Maintenance case
(all 3 cases filed by de facto complainant only)

5. Copy of Marriage certificate of de facto complainant that she was married before filing of charge sheet in 498a case.
The second marriage also was not revealed by de facto complainant in the cross and not even cross examined by our Defence Counsel during cross exam.



Now my Query:
When prosecution witness is in favour of defendant, can we file defence evidence in 498a case, if so what to file according to the evidence i have as mentioned above


Thanks in advance
Devajyoti Barman (Expert) 04 December 2016
Since your evidences are mostly documentary you can rely on it at the time of argument.
Rajendra K Goyal (Expert) 04 December 2016
Agree with the expert Devajyoti Barman.
Dr J C Vashista (Expert) 06 December 2016
@ Mr. Hari Gautham,

1. The complainant can not be termed as plaintiff, these are two different types of legal phenomenon. Be clear whether the case in hand is against FIR (Criminal) or civil suit where it has been instituted by plaintiff?

2. The witness(es) can be any one it is not always necessary or compulsory to be mother/father/ brother/sister. A hostile witness need not be cross-examined since the party seeking to prove his/her case through the witness has failed to help the suit/plaintiff and same may be embracing for accused/defendant (as the case may be).

3. OP term is used only in case of a consumer complaint.

4. There are number of other inconsistencies in your query, it would be advisable to consult a local senior lawyer.

Best wishes


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