Fake anti-dowry poster girl

I would like to see the comments of the women’s brigade, Madam Roshni, Madam Utpala Kaur and others.

Please visit this thread...

https://www.lawyersclubindia.com/forum/About-nisha-sharma-case-53639.asp

You will know my reply.

My comments are not directed to Nisha Sharma's case.  The accused may be innocent and rightly has been acquitted by the trial court.

But acquittal will be the yardstick to decide the innocence of accused,  all our politicians, bureaucrats, business houses are innocent as they have never been convicted on the charge of corruption, having black money etc.  Do we believe they are innocent?

The conviction rate in all criminal cases is abysmally low.  Either it may be S. 302 cases,  robbery cases, cheating cases, corruption, black money, NDPS cases or offences against the women - rape cases, molestation cases, kidnapping cases for the purpose of trafficking, dowry death, dowry harassment etc. etc.  That does not mean in India we eradicated the dowry system, there is no prevalence of dowry harassment, dowry death etc.  Even child marriages we could not prohibit.  If any one says that as there is no conviction, there is no offence, it will be a big joke.  That is why, in the orders/judgments, judges specifically mention that the prosecution failed to prove the charge against the accused, so that indicating that actually offence has occured. 

apt statements by adv. chandu.

even i have never believed in the genuiness of someone's case,just coz he won it.

he may have used his power of money to win..

this money power cud be in any case,be it that of a man,woman,a robber,a kidnapper,etc...

A Live example of Women Never accept their Lies,Fault

All our lovely leaders, Raja, kannimozi, suresh kalmadi, amar singh, yaddiurappa, vilasrao deshmukh, madina (Rajasthan ex-miniter) narender modi- all will be acquitted.  It is only a matter of time.  They are as innocent as Dr. Ramani and myself.

the entire society is manipulating the things....

people are really mad in the race of materialism

the more you discuss this topic, the more annoyance you get :(

The most pathetic thing is people are blind and leaders are in race to manipulate things and fooling people. The Part III of the Constitution has been lifted from Bill of Rights of American Constitution. The 5th and 14th Amendments clearly mention that due process of law has to be followed for depriving life and liberty. But our Constituent Assembly deliberately omitted the due process of law to be followed for depriving life and liberty. Which type of persons are afraid of due process of law? Is it difficult to understand? Everything is self explanatory.

The BIll of Rights does not have any ifs and buts in it. Why does our Part III in the constitution needs vague terms like "reasonable" restrictions, morality and the like when there is already Article 14? Is Article 14 unreasonable to protect the right of affected party by the exercise of fundamental right by another party?

If one reads about Objects and Reasons of 1st Amendment to our Constitution, the excuse for putting in "resonable" restrictions has been put on court decisions. Were the courts not aware of Article 14 while giving those kind of judgments? Or the courts were manipulated to give such judgments so that legislature may get an excuse to make amendments? One may read the Objects and Reasons of 1st Amendment at https://indiacode.nic.in/coiweb/amend/amend1.htm

Criminal cases have a requirement that the prosecution must prove their case beyond reasonable doubt.Criminal cases are where the state -with all its available resources is accusing someone of the crime and seeking penalties. The penalty is in the form of restricting life and liberty. This fundamental right is precious for the individual. This provision is needed to prevent the tyranny by the state.

Dowry complaint is based on one party accusing another and state takes over. There is one crime under this and one individual or a group are accused.The accusation and the accused are very specific. If the crime under these circumstances cannot be proved-it is as good as not committed. The circumstances in the above case lends itself to several doubts about the veracity of the accusations. Acquittal appears quite welcome.

The presumption in corruption and murder etc is with the accused being innocent until proven guilty beyond reasonable doubt. But the same cannot be said in 498a and DP act-since presumption is with accuser and state-yet the state seems to lose time and again! In fact several of those convicted could be innocent since they couldn't prove their innocence in this presumption of guilt until otherwise proven situation!

The case lasting for 9 years and now appeals process etc is an abomination.

Thank god! The courts do not function on belief alone! Otherwise who is safe because everyone believes the other to be at fault-hence need for evidence!

Quote from Bhim balla -

"The presumption in corruption and murder etc is with the accused being innocent until proven guilty beyond reasonable doubt. But the same cannot be said in 498a and DP act-since presumption is with accuser and state-yet the state seems to lose time and again."

Wrong appreciation of law.  Even in Section 498-A and DP Act, the burden of proving the case beyond reasonable doubt lies with the prosecution.  The benefit of presumption imbibed in Section 113-B will be applicable only in dowry death cases (Section 304-B).  In these dowry death cases also, the initial burden of harassment of the victim on account of dowry lies on the prosecution.

Section 498-A convictions are less because most of the cases are compounded by the parties by way of compromise and there is underhand dealing between the accused and prosecution.  The misuse of Section 498-A is projected out of proportion in the male dominated society and in fact, section 498-A is underutilised.  Misuse of laws is common in every sphere of life through out the world.  As per the statement of one of the supreme court judges, the most misused provision in IPC is Section 307.

Mr. Bhalla is partially right. Conviction in India is rather an exception than the rule. As the outcome of the prosecution is uncertain, they follow the dictum “first punish and then prosecute”. If the trial results in conviction, the period actually spent in jail is set off partly or wholly against the period of sentence. The accused has an advantage as well as disadvantage. During detention before conviction depending on the status of the person he or she can enjoy the stay in jail. The sentence after conviction may most probably for rigorous imprisonment. So the convict will be able to enjoy A class jail instead of rigorous imprisonment. On the other hand, if he had been acquitted, he would have unnecessarily spent time in jail. If there has been no jailing before prosecution, the likes of the Rajas, Kanimozhis and Kalmadis will go scot free  without even having to suffer some humiliation.

@ Account deleted

She has betrayed her identity.

It is not whether one report is false and another is true. One should look at the narrations and apply one's own objective intelligence. In this fake girl case how can one explain the girl's previous marriage to Rai? When one loses a case one has to put up a brave face. Also it is the lawyer's "duty" to defend his client even after a losing a case.

Madam Roshni a ka Account Deleted keep decorum

Look at things objectively as I do. There are males as well as females reporting their marital case. There are also press reports about allegedly what happened and about judgments. I do not look at whether it is male or female who was suffering. There are cases of both females as well as other cases of males which I have favourably commented upon.

I have so many nieces and also two wonderful grand-daughters. Fortunately there has been no marital discord among my famale relations. But if unfortunately such a thing happens or had happened, i will not support the opposite male. I am very proud of my female (as well as male) relatives.

The post against Tajobs India is in very bad taste indeed. Actually it boomerangs on the author of the post only. Tajobs India is unhurt. This does not mean that I support his posts.

Also do not hide behind anonymous name. Be brave and give your real profile. As you can see, my profile is an open book and I am very proud of my profile.

When court has spoken, nothing remains to be said.

@ the female brigade here

They are more loyal to the Sharmas than the Sharmas themselves.

@ Democratic Indian

Do they not arrest and detain a person even before trial in the USA.

In some cases they did not exactly do that: In the cases of some Indian students they were made to wear radio anklets. Osho was hand-cuffed and chained without any trial or conviction. Grass is not greener on the other side of the Atlantic.