Sudeep Gupta (Manager) 11 February 2016

Appeal against trial court decision

Dear Sir,

I was aquitted by trial court u/s 498a on the ground that she failed to produce any evidenece of cruelty and misleading about using the stridhan for his person use. But now she has appealed in session court almost after 5 months of Trial court decision.

Under what considerations the Sesion court may have accepted this case. Can she be allowed to produce any additional evidence / witness that were not mentioned in original FIR?

What should be my defence in this case ?

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2 Replies

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 11 February 2016

Yes fresh evidence may be produced by her before the trial court but the same is subject to the same being allowed and the court being convinced that she could not have produced the said evidence earlier . Your defence should be the same as it was before rt be trial court . Legal defences can be as many as you want.

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Sidharth 11 February 2016

She can produce fresh evidence but cannot alleged new allegations. So it is mandatory for her to produce material evidence related to her previous allegations.

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