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 in 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.
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.
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
Total likes : 2 times
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...?
:-) Brother,
Please note that they would have to show a demand of dowry too.
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
All contradictions would benefit you.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
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