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narayan_apte (professor)     13 May 2010

evidence in 498a trial

Brief Background: I married in 2000, wife filed complaint against me, mother and sister in oct2007. The trial was conducted in last year and the court ordered conviction of 2yrs R.I. to all of us.

During trial the prosecution produced 4 letters allegedly written by wife to her parents from matrimonial house during 2006-2007. The said letters were not produced at the time of lodging FIR and filed in MArch 2008 in the trial court.i.e. 5 months later

The court has accepeted it as an evidence. Is it according to law to accept any evidence even if its braught on records at a later stage.

My lawyer asked the complainant wife regarding whether the said letters were with her at the time of FIR

For that she answered affirmation but said that police Investigating officer did not accept the letters

In the statement of the Investing officer, he denied that the letters were shown to him and he denied to accept.

Pl guide.



Learning

 7 Replies

N.K.Assumi (Advocate)     13 May 2010

why not, it can go down in evidence, provided the letter is genuine.

Anmol Sharma (advocate)     13 May 2010

Mr. Apte,

As per my little knowledge, there is no bar that prosecution cannot submit evidence in the later stage of the trial. Law on this point is very clear...

however, your lawyer lawyer asked a very relevant question and he was able to contradict your wife as far as letter were concerned.. the statement of your wife was contradicted by the IO and I feel that apart your conviction might have been on other evidences and letters were for corroborative purpose

have you appealed?

Munirathnam (Scientist)     13 May 2010

1 Like

narayan_apte (professor)     13 May 2010

I have filed an appeal in the sessions court and the sentence has been suspended.

Except those letters, there was no evidence on record.

there were 4 prosec. witnesses; wife , her mother , her uncle,and IO.

there are number of contradictions in depostions of all three and that of IO.

All allegations were vague and without mention of dates and any other details. but still the court ordered conviction. Its a do-or-dye war for me to get acquitted in the sessions court.

I ve soft copies of all order and depostions

Lawyerscba (Advocate)     13 May 2010

Chances are that you would be acquitted of the charges on benefit of doubt as the Statement of I/O is contradictory with regard to presence of letter at the time of institution of criminal case. Apart from those letters and deposition of P.W.'s is there any other exhibit to corroborate the case of your wife? It would be good if you can upoad a copy of your conviction order, F.I.R., and depositions of the witnesses so that one can read and provide a more specific way out for you.

Munirathnam (Scientist)     20 May 2010

Hi,

 

I do not believe this that recent days wives are writing letters to thir family.

Could you try to explore whether the letter were written in that period or created docs those are.

If those were registered post letters, then you can use RTI to know whether the letter is genuine or not.

If letter has some code on it, you need to check with postal department when it is printed by the manufacturer.

Please call me I will give may tips like this.

If your wife is using phone at that time, what is the need to write a letter being your wife place is just 11KM from your place. She can go to her place and tell everything by the the time you retun from office.

There is some thing wrong in your case.

Dear Lawyer please help this boy with your skills....

Pankaj Mehta (Advocate)     27 May 2010

its a good case for an appeal, sometimes it happens when a conviction minded judge make orders setting aside all the defences & lachunas of the case, in your case no independant witness was examined, material contradictions are there between witnesses examined, adject date or time for dowry harrassment has not been stated, there are many citations available for these kind of cases in which accused got acquitted, so finally engage a good reputed lawyer and trust him


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