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Ravi (a)     03 August 2015

Evidence in 313crpc stage

Dear Lawyer,

i have known from the google and all experts that 313crpc is the stage where all accuseds are reexamined and ask for defence evidence.

1. is it recommended to get defence witnesses in the 498a criminal case?

2. if the husband has all paper documents/ emails/ SMSes/ audio/video to show the wife and their parents are cruel with the husband, when will these douments be submitted ? before 313 stage or during or after 313 stage?

 

kindly englighten me sir.



Learning

 4 Replies

Adv. Sagar R. Jadhav (Proprietor)     03 August 2015

1. Yes it is recommended to get defence witnesses in the 498a criminal case.

Adv. Sagar R. Jadhav (Proprietor)     03 August 2015

2. You can produce all evidence or documents upon which you are relying, after the recording of statement u/s. 313 of crpc.

Ravi (a)     03 August 2015

Thank you Sagar sir.

1. my wife is a respondent in the divorce case filed by me. she lied in sec24HMA petition and she also filed lies in her chief affidavit and cross examination. can these documents be taken in 498a? her complaint in 498a and her chief/cross are contradicting.

2. if i submit documents in 498a as defence evidence, will i be crossed by her lawyer and PP.

3. what is the best way available to get "false case" as words in the 498a judgement.

prabhakar advocate (advocate)     03 August 2015

I have seen many parties botched up their sure winning cases just by reading online.  I hope your case will not be same.  If you want to produce any documents signed or sent by your wife or her parents, the proper stage was when they appeared as prosecution witnesses and you should have shown those documents and confronted them with the veracity of the contents of the documents.  Anyhow, water has flown under the bridge.  Now, file all those documents and bring defence witnesses.  There is also one other way to prove the documents filed by the wife in different case.  To summon those documents from the concerned court.   But whether you should produce documents or bring defence witness in criminal cases will also be depending upon that how much the prosecution succeeded to prove the case.  But once you appear in witness box, opposite counsel has got the right to cross examine you on the facts which you say and also on the facts contained in the documents you produce.   Hope you and your advocate understand this procedure.

Prabhakar, Advocate (Delhi) M-9958670740.

Legal Aid Panelist - Family Courts - Central Delhi (Tis Hazari)

 


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