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Prashanth G (Software Engineer)     11 February 2014

Charge sheet filed with witnesses for the 498a

Hi All, filed a 498A case on me 2 years back and now they have filed charge sheet ,in the charge sheet has the witness of 5 members and all are my wife's family members ,Now if my my wife's familey members give oral statement in cross examination that they have given dowry to me n my family what would happen ?


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 7 Replies

dv (ghvhb)     11 February 2014

Is your case running?

Prashanth G (Software Engineer)     11 February 2014

Yes it is running , from the past 2 years ,but no actions ,today just they filed charge sheet ....

Chellapandian (Legal Consultant)     11 February 2014

Dear Mr Prashanth,

It's part and parcel of  a "Trail" in any criminal case.

Hope you have appointed a good criminal lawyer to defend your case.

Do you have any specific questions?

Thanks,

Chellapandian.K

 

anilprasad (student)     11 February 2014

hi, there is no problem if ur not harassed her there is no problem in 498a if 3 & 4 dp act u may other one to prove it

fighting back (exec)     12 February 2014

the family members are also called as 'interested witnesses' though the initial statement of the witnesses have a bearing on the case,  you can cross them in the cross examination. you can claim if they have really  seen the incident or the harrassment happen in the front of their eyes, have they filed any police complaint? or if their statement is only based on 'hearsay' given by their 'sweet' daughter.  witness statement is given bearing only when all other circumstancial evidence also point out to the fact stated by the woman. so only if a witness says that he or she saw something, it is only a part of the evidence and not complete evidence. but in the end, it all depends on case to case. 

Sourav Das (Advocate Supreme Court of India)     12 February 2014

dear bro,

if the witness state that they gave dowry, then you have two options-

1) to defend ur case strongly; or

2)on the basis of that statement, register FIR against them, as both giving and taking of dowry is punishable. ater that,both parties will come in a compromising situation. 

v.jayachandran (advocate)     12 February 2014

never admit in any cross examination regarding you demanded any dowry and simply say that they had given it as their gift to their daughter and to show their status in the society they gifted jewels and other things to their daughter

for further queries contact me

v.jayachandra reddy, Advocate

9841212152 


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