Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Meyyappan (others)     11 June 2012

Request help

Dear sir ,

I am falsely implicated in 498a /406 cases on 2005 , Nearly after 8 years now case nearing judgement , They had implied 9 of my family members ...

All are in bail ..

In this meantime I got divorce from sessions court ..

Now what happen if I get convicted ? /though it is false case ... there may be case for misjudgement / manipulated in judgement etc..,

I request solicited reply

what is the procedure in sessions court ?

Do I have to attend all the hearing ?

What is the appeal procedure ? Normally how lawyers appeal in sessions court ? like will they ask for retrial , revision what exactly they ask in session court ?

 

 

 



Learning

 9 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     11 June 2012

Dear Querist,

1. Even if you are convicted - you'd be able to be out on bail (389(3). 

2. Sessions Court won't take evidence again - but examine the case both on fact and law. 

3. You don't need to be present unless presence called for.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     14 June 2012

Agreed with Ld. Bharat.

 


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

Meyyappan (others)     14 June 2012

Dear All ..

Thanks for the reply ...

In lower court , they had added close to 16 witnesses ... during the trail after one and half years of dragging , App said they want to drop 12 witnesses .. only 4 witness examination is sufficient ... Is this kind of procedure allowable ??

Until now nothing proved in evidence , all are in some kind of oral  statements  ...no evidence has been presented ..

Do witness side provide evidence in 498a/406 cases ???

What is chance of aquittal in this case ; still case is dragging as IO is not appearing for past 8 adjourns ..

Thanks,

Meyyappan K

 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     15 June 2012

Yes, that is allowed.

 


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

Meyyappan (others)     17 June 2012

Dear All ..

Thanks for the reply ..

Given my situation as above ...

What could be judgement , we were 9 members of the family falsely implicated , I being A1

??

What is the lower courts decision in 498a cases ... ??

is that 2% is based on high court judgement or else ??

Caught in anxiety ... because in lower court it ran for nearly 8 years still no conclution .. As the x - the lady wants solution as she getting old .. they dropped the witnessess ..

please advice

 

MASTHAN (Self employeed)     17 June 2012

Hi..

 

1. You said, you got divorce from sessions court. On what grounds you got divorce? Did she gone for divorce? or you gone for divorce. 

If you could have got divorces bases on her cruel behavior towrds you and your other family members , then the same will help you to some extent for getting ACQUITTAL in 498A case.

2.  8 years is too long time for completeing a 498A case. What made such long time?

3. 98% people will get acquittal in 498A cases, only 2 % will get convict in lower court. These 2 % also goes to session court/HighCourt/Supreme court for aquitaal.

4. If  you are innocent, then why you are so much worry about conviction? Since it is 8 years old case, by this time you are supposed to get some minimal knowledge on the law and with that knowledge you could have easily decide whether you are going to get convict or acquit.

5. Are there any documentary evidence to prove the harassment? (like medical cetitficate or injuries on her body...etc..etc) . If nothing is like that then you just relax...

 

-Masthan

 

Meyyappan (others)     17 June 2012

1. You said, you got divorce from sessions court. On what grounds you got divorce? Did she gone for divorce? or you gone for divorce.

If you could have got divorces bases on her cruel behavior towrds you and your other family members , then the same will help you to some extent for getting ACQUITTAL in 498A case.

-- She gone for divorce on cruelty and desertion ...  Judge have not given citation for cruelty / desertion but dissolved the marraige , based on my lawyers request not to prejudice the petition but may the petition may allowed

2.  8 years is too long time for completeing a 498A case. What made such long time?

case dragged as they won't appear in the court during examination

3. 98% people will get acquittal in 498A cases, only 2 % will get convict in lower court. These 2 % also goes to session court/HighCourt/Supreme court for aquitaal.



4. If  you are innocent, then why you are so much worry about conviction? Since it is 8 years old case, by this time you are supposed to get some minimal knowledge on the law and with that knowledge you could have easily decide whether you are going to get convict or acquit.

I am not in hometown ;  OP is strong influential , they bribe here and there to keep the case alive

5. Are there any documentary evidence to prove the harassment? (like medical cetitficate or injuries on her body...etc..etc) . If nothing is like that then you just relax...

No documentary evidence ... only oral statements

Meyyappan (others)     18 June 2012

what is exactly " Mental Cruelty" -- as in 498A

"cruelty" means to us ? ' my lawyer told me that she might not satisfied with you , in sense s*xually or she might be unhappy in your surroundings so many women go for this kind of law resorted ..

 

 

 

 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register