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mubeen (MD)     29 December 2014

Pleasee help my parents will die due to 498a conviction

Please Help, me my mother(64 yrs, hw suffering from various deseases from last 10yrs) father(69 retired teacher heart patient) are convicted by CJM latur under section 498A r.w34 last month.(attached judgment order).we deposited 1.50lac in court as penalty by selling gold and got bail.we were not expecting such decsion on that day.Now my inlaws tell me to come to their place as i m from other city working.inlaws are very rich and having political criminal record,they now tell us that they hav managed everything judge our lawyer etc.I believe they just want to disturb us take revenge on us.they never want to settle this outside court.

                              Case was filed in Aug2008.alleging that me my mother n father beat my wife and demanded 2lac.police filed charge sheet with witness as father and brother (having criminal record of 302) who admitted in statement that they were out of town when incident of beating happen.And main point is my marriage date is 15/10/2000 and no complaint is filed in 8 yrs .i have two chidren one of 13 yrs daughter and another 11yrs son living with mother ,they dont even allow to meet them.After looking all this my father has lost all hope and my mother say that she cant live with this faear that they have to go jail.they are very sick,they dont have money also by spending so much for this case.

                         I beg please guide me ,as we have appealed in high court lawyer say it takes 1 to 2 yrs for hearing in sessions court and nothing is much done in session court except argument and if convicted we will bw sent to jail and we will have to apply for bail in high court and it takes time.

                           Is there anyway that my father and mother can be exempted . or can we challenge in high court or human rights court?



Learning

 13 Replies

Q Slinger (NA)     30 December 2014

Mubeen,

 

Do not panic...there is a 98% chance that you will be acquitted. However, I would strongly suggest that you contact and join Save Indian Family

https://www.saveindianfamily.in

0888-2-498498

abhisheksinghadvocate (advocate at lucknow)     30 December 2014

you have only one option to fight in the court, put your case strongly in court. court will consider your case. Don't panic.

H.M.Patnaik (Proprietor)     31 December 2014

If you are convinced that your counsel may yield to pressure from in-laws, you may take assistance from state legal aid forum

T. Kalaiselvan, Advocate (Advocate)     31 December 2014

If you find your lawyer is not cooperating or tilting sides, you may better engage another lawyer to defend yourselves.   Wait for the out come of the appeal before the high court.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     01 January 2015

Giving and taking dowry both are crime. I don't know whether you have committed the same or not.

In the judgement I can see strong evidence of physical assault and corresponding medical report.

 

I don't know your story so I am not able to comment on this.

The purpose of my posts is to save innocents from false dowry cases.

 

Please see the following post for some clues and sample petitions that might help you (if you and your parents are innocent)

 

You need to appeal in High Court (Criminal Writ Article 227) based on your story, synopsis and documentary evidences.

 

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg

 

https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

mubeen (MD)     01 January 2015

Rocky Sir,

Physical assault never happened in 8 years,just to tell u that my fatherinlaw has criminal record of murders extortion loot etc. the medical certificate issued mention that the injury is simple clearly and in cross examination the doctor which did not examine the complainant came in court and said that the simple injury might have happened due to beating by someone or by falling down.and the bleeding of private part may happen due to M.C.

CompelledToLearnLaw (Financial Examiner)     01 January 2015

Where is the hard evidence? The stupid judge: he gave the maximum allowable sentence. My personal belief is turning into conviction that it's very easy to frame somebody in India if u have the money or the resources. You got convicted by the complainant's testimony and a medical report from a government hospital. Wow. What a stupid judge: doesn't he know that no one with a half-decent income goes to the government hospital unless it's for a false case?

 

Brother, keep appealing. Hopefully, intelligent people will judge in the higher courts. If all else fails, the border with Nepal is mostly undefended: use it as a gateway to the rest of the world; why do u want to stay in a country that has the justice system of the 9th century. About lower courts of great India: judges are on sale like a disease carrying whore. So if ur inlaws did compromise the judge, it's not a news.

CompelledToLearnLaw (Financial Examiner)     01 January 2015

This law, 498a, is amongst the dumbest laws of the world: in it, cruelty is defined as a wilful conduct that will drive a woman to suicide. What a stupid law! In most cases, suicidal tendandencies are a sign of a mental illness/disoder, not cruelty. I have gone through a lot of grief in my life: financial hardship, loss of a parent as a teenager, marriage breakdown etc. I never saw suicide as a option. Why should I goto jail if my wife cannot handle evryday stress and attempts suicide? A lot of girls refused to sleep with me, I never committed suicide. Why should I goto jail if I want to divorce my wife and she attempts suicide? This is a dumb law. "My husband didn't wilfully provide hot water in winter to bathe with, which drove me to an unsucessful suicide attempt, as recorded in the government hospital report." A vague law.

1 Like

AS   04 January 2015

Mubeen , i will say firstly your lawyer was NUTS or he was not honest with you that is the only reason that you and your parents got convicted.

If you read the whole judgement carefully , your lawyer is failed in cross examining the witness. Infact judge mentioned that some foolish questions has been asked to your wife by lawyer.

Change your lawyer immediately. Join SIF and take there guidance.

Two cross were very important in your case wife and Doctor.

At point 20. 

After going through the injury certificate, he say that, there was two injuries namely (a) Blunt Trauma to abdomen, back and legs and (b) P. V. bleeding. He further specifically deposed that, the said injuries were caused two days prior to the examination and both are simple in nature and 13 R.C.C.No.565/2008 J. probably caused by hard and blunt object. He further deposed that, the above injuries are possible due to assault by leather belt and fist and kick bows.

Your lawyer should have asked him , if he is sure that injuries are only due to leather belt? If there is possibility that if someone fell down from stairs will get Trauma to abdomen, back and legs? if he say no they your lawyer has to ask strictly again and again in tricky way.

 

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     05 January 2015

Dear Friends, I understand your pains.


I have a different view on SIF.


If they are true NGOs then how many PILs they / their members has filed yet to scrap these laws and corruption in supreme court?  :P


Please don't say why I am not filing! I am busy with my professional career but still I fought my case in-person and won by managing some time from it.


I will certainly sue after my retirement. If required, I shall go to international courts also. Now, whether SIF does not have any veteran member to do this??????????    :P


I believe there is no true NGOs for men


Friends, Please increase your will-power to fight against these corruption without depending on anybody,


Because, The root cause of corruption is -


a) Dependency

&

b) Inefficiency

Q Slinger (NA)     06 January 2015

Rocky Smith: You probably have different views on SIF for probably the following reason:

 

1. You were kicked out of SIF for being an idiot or trying to take advantage of the system.

2. You are aligned with scamster organisation that charges victims money and then does not help them. 

3. Your failing scam organisation is failing and you are desperately seeking people rip off and hence defaming SIF here.

Now, being the big mouth that you are, what have you done for Men's rights lately?

Here are few of SIF's accomplishments, in case you were too busy with sticking your head up ur back side:

1. Made SIF to be a completely free organisation and no member will be charged. The counselors pay from our pockets to come to the meeting and counseling the victims.

2. SIF Hyderabad guided Arnesh to go ahead and approach supreme court when his bail was denied and hence Arnesh Vs State of Bihar that is helping 

3. SIF established SIF One Helpline (0888-2-498498) to help victims reach us easily and seek help. Helpline was completely funded by older members and thru donations.

4. SIF regularly releases press releases 

5. The Marriage Amendment Bill failed to be tabled in Lok Sabha because of the 1000's of letters, SMS's, emails that were sent by SIF members

6. SIF mailed over 2000 speed post letters to Modi again this past December.

 

And many more...so before you defame SIF take a look at ur self and see what have you done lately to call your self a MAN!

Please don't say you will accomplish everything after your retirement. 

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     06 January 2015

Mr. Q Slinger,

 

I am neither a lawyer nor a law professional so that SIF will kick me out.

I am a common Indian Citizen who can not see any corruption.

I gave these comments by seeing the way SIF is dealing.

"trying to take advantage of the system" - What advantages I am trying to take? money? to be a political leader ?????? :P I did not understand.

"scam organisation" :P I am not a part of any NGO organization. SIF is vary large. I am individual, hence small.

 

May be SIF has opened a few help lines and posted latters to pass some bills.

but, at the end of the day the output is -

 

anybody can be a victim at any time.  :P

 

anyway, I did not get the answer of my question yet,


How many PILs have been filed by SIF to scrape these gender biased laws in Supreme Court???

 

Please list down all case numbers here.

 

JO CIGARETTE BECHTA HAI WO HI CANCER HOSPITAL KHOLTA HAI     :P

 

Lastly, I would like to say I don't wish to defame anybody.

My intention is to expose the truth to everyone.

Please never mind.

srk (Service)     08 January 2015

Mubeen, 

Sorry to hear your story brother, how can a one give judgement just based on ones statement that she was hit by her in-laws, how will one assume that they have done it, and there is no proof that your father in law paid you money during the settlement of your case R.C.C.No.149/2002, how can one assume and give a judgement. appeal and please have a defense lawyer who is worth trusting. 

Rocky Smith and Q Slinger if you can, please help Mubeen, this is not the forum to fight about SIF, you both are experts and helped a lot of people. please brothers let work together to save an innocent. i am not qualified enough to suggest you both.
 
Regards
SRK 

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