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jiten@yopmail.com   16 March 2016

My wife parent got false paid witness in 498a

Hi,

me and my family NEVER demanded money from my wife family. due to internal dispute. She left home after 1 month of marriage and after 4 years, she applied for 498a and said that we have demanded money during marriage. They also brought one false witness to agree with them (Maybe they have paid him). 

My query is if that false witness give false information. What options do I & my family have?

  • Note : In marriage they have gifted some things, and given some cash like 50 thousand as per north indian rituals. However, never in life I have demanded money.

 



Learning

 3 Replies

Vijay Raj Mahajan (Advocate)     16 March 2016

All prosecution witnesses whether real or false have to examined by the prosecution and cross examined by the defense in the trail court, the veracity of the truth spoken by each witnesses can be confirmed during the cross examination and court will not rely on the person's evidence if found not correct and false in nature. It is the job of the defense counsel to get truth out of all witnesses at the trail stage.

Sudhir Kumar, Advocate (Advocate)     01 May 2016

read again what Mr Mahajan expressed.

 

first prove him false then think of any option.


(Guest)
  1. False witness is very difficult to hold up in trial. Look carefully at who is this witness and what he is saying. How does his testimony relate to the allegations in complaint?
  2. 498A allegations usually involve actions inside the 4 doors of home. Only eyewitness has value in criminal cases, hearsay witness does not have any value.
  3. This person has to claim that he was eyewitness to an act of cruelty that was so severe that it could have cost the wife life or limb, also such act has to be wilfull and connected to a demand of dowry. All these ingredients are very difficult to establish using some false witness. If the witness is only used to corroborate some side angle of the story, it doesnt add much weight to the case.
  4. A good lawyer can demolish all false witnesses during cross examination. if you have facts on your side, no false story can harm you.
  5. Work with an experienced lawyer and arm yourself with good information about what case they have made and defend accordingly. 98% of 498A cases end up in settlement or acquittal. Stop worrying about this. 

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