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Convicted for 5 years under dp act 3 and 4

Page no : 2

Siv (engineer)     16 February 2015

You can seek production of money transaction supporting docs during appeal .... if dowry takers are punished what about dowry givers and dowry giving abettors....?

 

Where is that amount and gold now... ???/ does these articles are recovered from anywhere ?

 

If no domestic violence, supported by QUASH, then where is the chance of demanding additional dowry ... if there is no demand of additional dowry then where is question of believing giving/taking dowry .....

 Why the court believed that additional dowry demand is not believed by court but believed giving dowry on demand ...

jack (nothing)     16 February 2015

Siva,

you are correct but for petetioner there is proviousion to come out in section 7(3). finally husband family need to suffer this is indian law.

Siv (engineer)     17 February 2015

As per Section 145 and 155 of Evidence Act if person is lying in court and is proved for one allegation then the court has no reason to believe the other sentences of that person as true  ....

divakar   22 February 2015

Hi Jack,

There was no dowry other than marriage expenses (that is also given to them by some of our relatives) and bit of gold like "Sarudu" and some bangles.They are with her only as they are for daily usage. Our marriage was decided when we were in child hood as we both are relatives.

During DVC case execution also they couldn't provide any proof of bills for gold  and any proofs for the dowry. The judge has clearly wrote in the DVC judgement that  since there are no proofs  her allegations can not be believed. Even the DVC case on my parents alos quashed by High court. Only the DVC case on me is in pending in High court.

is it possible to close the DP act 3 and 4 cases in high court if we settle the issue outside court  and both will say to high court judge? 

Some important points:

1. 498A is cancelled  but convicted under DP act 3 and 4 for 5 years in trial court for A1 to A4.

2. DVC is quashed against my parents A2 to A4

3. Paying every month 20k as maintenance.

I consulted many lawyers during the case trail with deposition of the witnesses and the cross done by my senior  lawyer. Every one was saying that all accused will be acquittal if not ,only A1 will get convicted because there are no strong grounds in the case and the cross by my lawyer also very good.hence the witnesses are clearly telling that no harrasement but  about that dowry they orally told without any proof.  

Unfortunately A1 to A4 all are convicted by judge (Lady) for 5 years under DP act 3 and 4 which is no one expected.

 

jack (nothing)     23 February 2015

Divakar,

i am not sure how judge came to this conclusion. but with out material evidance in criminal case they cant convict.There are supreme court judgement. that to matimonial cases. with out compromise also you can appel session court if not High court and finall suprem court. most of the people will aquited in session court. is saw few cases in waranagal like you but all they got aquitted in session court.

Can you let me know your court?

Siv (engineer)     23 February 2015

One question:

 

What kind of line of cross happened with respect to giving or taking the dowry?

Does the alleged allegations disclose the date, time and place of dowry demand?

Does the alleged allegations disclose the money transactions date, time and place that are related to owry demand?

Does the alleged allegations disclose the date, time and place of dowry giving?

Siv (engineer)     23 February 2015

In my 498A case (I am A1/Husband) wife said in evidence that at Hyderabad the A1 demanded amounts but complaint or CrPC-161 Statement or Charge sheet or Charge U/s 240 CrPC do not refer this allegation occurence at Hyderabad. But in complaint there was a vague statement (without date, time and place) saying that the A1 used to demand the wife to sell her agricultural lands and gold and give money. 

 

I field a petition U/s 177 of CrPC saying that court do not has Territorial Jurisdiction to conduct trail. Then court said in the order by dismissiong the petition that:

As per evidence of wife  A1 demanded wife to sell agricultural lands and gold and bring money.

 

But the evidence of wife do not say the wrods like Seeling Agricultural Lands and/or gold items. I am shocked the way the court passed order because in the evidence of wife the words like selling or agricultural lands or Gold are not present .... then how could a magistrate fabricate this kind of allegations to dissmiss the petition.

sridher (system analyst)     15 August 2015

tell your opposite party not to attend the court

sridher (system analyst)     15 August 2015

mr siv use  cpc 24 against the judge and hire a good advocate for this

AS   20 August 2015

sorry to hear this, I am in same boat as you , There could be only two reasons for this :-

1. Judge is baised and Corrupted.

or

2. You lawyer was not capable enough.

 

Go  to Session court , You will get aquital.

 

PM me Your Number , we can go thought all the documents and find out a feasible solution .

 

 

If this conviction order impacted your Job?

vishak (manager)     20 August 2015

In one such case of my known, after conviction there was settlement in 498a. but Accused got relief under Probation of Offender Act Section-4 and relived accordingly


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