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aatma   14 July 2008

Material evidence in Dowry case

Dear Experts,


Please add your comments on attached SC judgement "Material evidence required in dowry demand".

In contrast to DP act section 8A:

8-A. BURDEN OF PROOF IN CERTAIN CASES.-Where any person is prosecuted for taking or abetting the taking of any dowry under Sec. 4, or the demanding of dowry under Sec. 4, the burden of proving that he has not committed an offence under those sections shall be on him..

How applicable is this inĀ  other courts in false dowry cases.


CASE NO.:
Appeal (crl.) 222 of 2008

PETITIONER:
Ran Singh and Anr.

RESPONDENT:
State of Haryana and Anr.

DATE OF JUDGMENT: 30/01/2008

BENCH:
Dr. ARIJIT PASAYAT & P. SATHASIVAM

JUDGMENT:
J U D G M E N T
(Arising out of SLP (Crl.) No.3089 of 2006)


Dr. ARIJIT PASAYAT, J.


(see attached file for complete order)



The High Court has fallen in grave error while observing
that present appellants "could misappropriate" and "who can
practice cruelty". The conclusions to say the least are
presumptuous. Learned Additional Sessions Judge by a well
reasoned order had held that there was no material to show
that demand for any dowry was made
and an attempt was
made to rope in many persons. When the High Court was
interfering with such conclusions arrived at on facts it ought
to have indicated the reasons necessitating such interference.
That has not been done and on the contrary on presumptuous
conclusions the order of learned Additional Sessions Judge
has been set aside.



Learning

 14 Replies

podicheti.srinivas (advocate/legal consultant)     14 July 2008

thanks for your information

SUBHAM AGARWAL (M.O)     05 June 2010

IS DEMAND DRAFT A MATERIAL EVIDENCE IN DOWARY CASE

Rajesh Kumar (studient)     01 November 2010

Dear Sir,

when I and my wife was in usa. FIL's assistant kept money intentionally in my andhra bank  account  monthly 5,000 Rupees like that for 6 months. actually  i  didn't know about that and i didn't withdraw amoney until now. After separation for 3 years my wife recently filed FIR under section 498A & DP 4

For the DP4 they took evidance from the bank manager about their deposited money lumsum amount,

is that valid evidance? because i didn't know about the money deposited by whom.

kvss.prabhakar rao (Advocate )     17 September 2011

Thanks for iinfirmation

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     17 September 2011

Material Evidence: Anything that proves or disproves the existance of certain fact.

 

Is DD Material Evidence: Yes and No. Yes, for the exchange. No, as no demand coupled with it is shown.

 

This is a matter of trial and is quite technical in nature, noblanket advise in this regard can be given. 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

2 Like

Rajesh Kumar (studient)     17 September 2011

NOT even DD/Cheque/Wire Transfer/Telegraphic Transer/Money Order.

They mention that they paid money in another town andhra bank and asked them transfered to my hometown andhra bank Account(very old & ordinary account(non-nri) account doesn't have any internet/phone banking facility).. actually i am an NRI for 10 years... Does this online Transaction valid proof for DP4?

money will be in the account itself... they might have receipts for the above said transactions..why don't they withdraw the money using those receipts...?

does it valid proof for transfering money to another account without their knowledge...?

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     17 September 2011

:-) Brother,

 

Please note that they would have to show a demand of dowry too.

sadiq (service)     04 October 2011

sir

 

we are also surviving from 498A case since last 7 years and the family of my brothers wife had ragisterd this complaint on 17th may 2004 just 3 days after my marriage in my native at UP , and accrording to that FIR my brother and my self have beaten her and my mom dad and sisiter incouraged us to beat her ...now the evidence and witness statement

 

now the brothers wife has given statement that my sisiter was insiisting /forcing/demaning for dowry in mumbai ,and every thing happened in mumbai

and one of the witness from their end also told that he is not a witness of anything happened in village and he dont know about any incidents happened in mumbai as he had never visited mumbai

sir they have first filed an FIR that everything happened in villege no w they are making statement in court that everything was happened in mumbai ....what should be our stand in this please advise

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     05 October 2011

All contradictions would benefit you.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Sandeep Naik (Advocate)     15 November 2011

Get the certified copy of the FIR and file a counter complaint as soon as the evidence is over against the complainant 

Advocate Sandeep Naik

Mob: 99670 56980

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     16 November 2011

Counter complaint for what?

 

 

Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com
1 Like

rash1110pr (manager)     08 February 2012

My brother has been married for 2 years. His wife is repeatedly harassaing him, she breaks the TV, furniture when she is angry. Of late she is irritating my brother by allegeding that he is in a relationship with his own sister and mother. My brother has decided  that he cannot stay with her anymore but she does not want to leave him. she appears to be a mental case. in this case can she lodge an FIR against my brother. we are tensed and dont know what to do.

shreya (NA)     14 February 2014

Is it true for dowry death case too...  that material evidence needed for dowry demand??  or just their relatives and family's oral statement will be sufficient to establish dowry harrasment?

Yadanand Legal help (maintenance divorce remarriage = yourscrew@gmail.com)     14 February 2014

Yes it is criminal case and so no body can be convicted without material evidence.

 

And though  relatives are  good witness still they will be treated as interested witness.


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