498a judgement

Originally posted by : Ravi
	my lawyer tells me that the magistrate is in the mood of transfer and he will provide judgement in favor of senior advocate (he was hired by the wife to support prosecution) or ladies. Please clarify me if this is true since i cannot judge myself and i have to believe my lawyer who is knowledgeable in court proceedings. our entire family is worried after hearing this and panic gripped us. although, two to 3 witnesses turned hostile during cross examination stating police never examined them, is it still to go and get judgement thru this present judge or drag the case and wait uptil new judge appears after summer holidays. please suggest your opinion.

Dear Ravi,

No one can comment on this without going through complete file.

Take certified copy of complete court file and take that to a senior lawyer for second opinion.

Some questions for you:

Is case is under 498a only or other sections are also included?

Have you filed your defense evidence?

Have your wife or police have filed any "material evidence" to prove dowry demand?

Is there any "medical evidence" to prove cruelty?

@ Shailesh

Please start new thread for your topic.

hello sachin,

no material evidence provided

no medical evidence provided

all witnesses including the defacto complainant gave contractdictions, did omit & created improved stories. out of them two said police never examined them. one witness was off. other witnesses said he doesnot rememember all due to passage of time. morover, she and her parents didnt corroborate well.

morover, statements told in chief are reversed in cross. for example, in chief she said i didnt get medicines, in cross, she said i used to get medicines and regular check up. there are several instances like that.

the stage is now at defence arguments. however we filed a recall petition to reopen prosecurtion and pw1 but that was dismissed last week.

we are in the midst of anxiety whether we will get favorable judgement from the present judge.

Originally posted by : Ravi
	hello sachin, no material evidence provided no medical evidence provided all witnesses including the defacto complainant gave contractdictions, did omit & created improved stories. out of them two said police never examined them. one witness was off. other witnesses said he doesnot rememember all due to passage of time. morover, she and her parents didnt corroborate well. morover, statements told in chief are reversed in cross. for example, in chief she said i didnt get medicines, in cross, she said i used to get medicines and regular check up. there are several instances like that. the stage is now at defence arguments. however we filed a recall petition to reopen prosecurtion and pw1 but that was dismissed last week. we are in the midst of anxiety whether we will get favorable judgement from the present judge.

In absence of material evidence of dowry demand and medical evidence of cruelty magistrate cannot convict you u/s 498a.

Use contradictory statements and improve allegations as your defense.

Don't worry !! you all will be aquitted.

thank you. 

sorry i forgot to ask you.

what you mean by 'material evidence for dowry demand'?

do you mean email or sms or cheque leaf or letter or AV clip or witness evidence that tells asking dowry? i am sorry i maybe asking layman question.