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Fight for justice (manager)     30 September 2014

Evidence for mental harassment??

Chargesheet has been filed for false 498A/406 cases. We have chosen to fight the case in court and establish our innocence and not settle since we do not want to succumb to extortion and blackmail tactic of the avaricious and unscruplous complainant and her parents. Need some advice in this legal battle - How much does the Court rely on/take into cognisance verbal statement of complainant regarding mental harassment? There is no evidence for physical harassment SINCE THERE WAS NO VIOLENCE OR HARRASMENT EVER (MENTAL OR PHYSICAL) but when it comes to mental harassement, its just the false/concoted stories of complainant and couple of friends who SHE told stories to (and who never ever met us!). Will court simply accept her stories, even when there is no hard evidence to corroborate them??? Just because she is the daughter in law, is her word taken as gospel truth?


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 7 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     08 October 2014

Dear,

 

Verbal statements are taken into consideration provided the same have been corroborated by some independent sources, her friends will be interested witnesses and there evidence will not have much importance to the case, No her words will never be taken as gospal truth, try break her and her friends in their cross examination. 

Adv Kapil Chandna

9899011450

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     09 October 2014

I disagree with Kapil, the testimony of witness can not be discarded just because they are interested witnesses. 

 

Oral Statements under oath for the sake of evidence has equal standing as is of any material proof. Criminal case hinges on effective cross-examination. If she has given a statement and then you bungle at cross-examination; you stand to loose. 

 

Regards,

 

Shonee Kapoor

AS   11 October 2014

Hi Harmony

I agree with shonee kapoor sir and as well as with Kapil Chandna.

Though they are interested witness, which is fact , still you have to bring truth in court via Cross.

If 3-4 witness giving a same statement (who are interested witness) and you wont be able to break them in cross , they you may loose the case.I am 100%sure that there must be 1000's of lies in FIR , You have to hit them hard in cross.

You can PM your number , we can talk about it in more details.

 

 

LoneFighter (IT)     12 October 2014

Dear experts,

How can her friends statements who were not at the scene be considered as proper evidence. Its comes under heresay right..!!

Please correct me if i m wrong.

 

AS   13 October 2014

Yes sir - You are right , But again remember in 498A movie ...wife is the main herioen who is actully witness of all the harrashment caused.

It is important that she should confront in cross with her chief and 161 statments.

Now witness of friends will come in heresay agree to this , but if wife is telling a story and her friends are repeting the same and we are not able to bring contradiction in statement then ....its a bad situation.

Although as she is lieing on many occations in all the points then definatly a good criminal lawyer will be able to break the witness ...

 

Fight for justice (manager)     14 October 2014

Thank you for the opinions. I guess this is a subjective matter. My only point is that whether mere heresay statements made by one off friend/maid of complainant (interested witness) and that too very vague and which have NO material evidence nor corroborated by any other proof can really decide the case??? I hope our judiciary system is not that flawed - my gut feel is that it is not and I hope I am proved right. After all, truth HAS to prevail.

LoneFighter (IT)     14 October 2014

@Harmony:

seriously...i wish the same.. but believe it or not..

i have read a few cases on false promise of marriage etc..

guy claims that he has never promised for marriage or anything.. but gal claims he did.. people go with her version....!! just coz indian women wont get physical without that 'MARRIAGE' promise. yes...this is india. Corroborative evidence is only that women speaks gospel truth. i seriously wish my assumptions are wrong. 


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