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V.G.Rao Advocate (Advocate)     12 September 2013

Can a private complaint treated as dying declaration?

Hi all,

Wife "A" filed a private complaint against her husband "B" U/sec 498-A and Under sec 4 & 6 D.P.Act, & before commencement of trial Complainant "A" expired. Her daughter though proceeded with the trial, but her evidence was not sufficient to prove regarding taking and giving of the dowry at the time of marriage as she cannot speak about it. For one reasons or the other the witnesses who attended the marriage not appeared before the court to speak about payment of dowry or about harassment  for dowry. During life time of "A" she was thrown out of the house when her daughter was only 10 years Old, and at that tender age the daughter could not understand for what reasons her mother was subjected to harassment, as such the daughter has not spoken anything with regard to dowry harassment suffered by her mother during her life time in her entire evidence.

Now my question is

Can the private complaint lodged by "A" against her husband during her life time be treated as dying declaration to convict her husband, is there any case laws with regard to it. it urgent.



Learning

 3 Replies

SAI KIRAN R (ADVOCATE)     12 September 2013

Pleadings cannot be evidence

T. Kalaiselvan, Advocate (Advocate)     13 September 2013

Advocate Mr. Rao,

as rightly pointed out by Adv Sai Kiran, pleadings cannot be assumed as evidence in law, the case u/s 498A by the deceased cannot be taken as DD.  You can substantiate the case only through the existing evidence.  Advocate Kalaiselvan, Vellore Ph: +919443441062

V.G.Rao Advocate (Advocate)     14 September 2013

Hi all,

At least is it possible to treat the complaint as 164 Cr.P.C. Statement?


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