Dowry demand


In a charge sheet filed in the Court for 498a offence, the Investigating officer has written in the charge sheet that the accused has admitted that he demanded dowry for which he has prayed that he be pardoned.   THIS STATEMENT OF THE ACCUSED WAS NOT TAKEN IN WRITING BY THE INVESTIGATING OFFICER. 

a)  Can acused deny in the Court  that he did not admit of demanding dowry and also did not pray for pardon  He pleads that the report of the investigating officer is wrong.

b) how investigating officer will prove in the court that whatever is written in the charge sheet is absolutely right

 
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Advocate

Statement made by the accused before the investigating officer of the police has no relevance in the court proceedings, so whatever you stated before the IO cannot be used against you in the prosecution by the police. The onus to prove the accused guilty of the offence charged is on the prosecution and that can be proved by irrefutable evidence if that exists. It's not the job of the accused to prove himself as not guilty so just relax and deny all charges made against you including any allegations made of admission by you during the investigation stage.
 
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The accused can be cross-examined by the prosecution on the basis of the statement made before the I.O. Then it is up to the accused to either deny it or contradict it.
 
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SIRS, THANKS VERY MUCH.

Sir, if statement made by the accused before the investigating officer  of the Police has no relevance in the Court proceedings, then what is the significance of Investigation by Police. But what is not undrstood is 

a) why accused admitted his crime and sought pardon before the Investigating officer AND WILL DENY THE SAME BEFORE THE COURT. ,  WILL HE GET BENEFIT IN THE COURT PROCEEDINGS  BY BEHAVING LIKE THIS BEFORE THE INVESTIGATING OFFICER? 

b) WILL INESTIGATING OFFICER NOT BE ASKED BY THE COURT AS TO WHY HE MADE WRONG STATEMENTS IN HIS CHARGE SHEET ABOUT THE ACCOUSED, WHO DENIES MAKING STATEMENTS  MENTIONED IN THE CHARGE SHEET.

 

PLEASE  THROW LIGHT ON THIS POINT AS TO WHAT BENEFIT ACCOUSED WILL GET BY ADMITTING THE CRIME BEFORE THE INVESTIATING OFFICER AND DENYING THE SAME IN THE COURT PROCEEDINGS?

 

 
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Dear Abhimanyu: a) IO is not the authority to pardon an accused. But I don't mean that even court can pardon. If charges against the accused are established during trial in the trial court, it has to punish the accused as prescribed in law. b) 99% of IO's (mostly sub inspectors) would have lost their job, if our legislatures (the lawmakers) had been educated.
 
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Thanks Sir, But my query is different Sir. I repeat below my query: In a charge sheet filed in the Court for 498a offence, the Investigating officer has written in the charge sheet that the accused has admitted that he demanded dowry for which he has prayed that he be pardoned. PLEASE THROW LIGHT ON THIS POINT AS TO WHAT BENEFIT ACCUSED WILL GET BY ADMITTING THE CRIME BEFORE THE INVESTIGATING OFFICER AND DENYING THE SAME IN THE COURT PROCEEDINGS? THAT IS BY TAKING CONTRADICTORY STANDS CAN ACCUSED GET ANY BENEFIT?
 
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Let IO write any damn thing in his report, (which is known as police report accompanied with charge sheet) submitted to the court for taking cognizance of the offence. It has no evidentiary value in law. But whatever you would state in your chief and cross examination before the trial court, be admitted as evidence.
 
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BUT SIR ON WHAT BASIS the Investigating officer has written in the charge sheet  ( WITHOUT ANY MATERIAL IN HIS HAND) that the accused has admitted that he demanded dowry for which he has prayed that he be pardoned.  what can be the interest of investigating officer in that?

 

 

 
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Dear Abhimanyu, the IO can write anything in his investigation report and the charge sheet. Court cannot take any action against him on that account. My only suggestion is to please don't bother about it, instead concentrate on your defense.
 
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You have been facing 498a, which is cruelty against your wife by you. Since demanding dowry is also cruelty, that's why the IO has written that you have not only accepted demanding dowry, but has also asked him for pardon, during the investigation. Please concentrate on your defense only as better as possible.
 
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