FLAT 20% OFF and 3-Months ADDED Validity on All Courses Absolutely FREE! Enroll Now Use Code: INDIA20
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

jack (nothing)     06 October 2016

Trail court judgement quash in HC/SC

Hi Experts,

I need kind suggestion on based on the below information for quash of trail court judgement. Please drive me in right direction.

Story : i have 498A, DP3 and 4 charged. while framing charges DP3 and 4 got dropped( not sure what is the reason) by majastate. Soon after she left the house i have served legal notice, there is no response and after 4 months i have filed RCR in the 6th month she reviced notice of RCR from court as counter blast she filed 498A with DP3&4,Crpc125,DVC. during the trails, PW1 to 4 desponsed in the court that except giving of dowry at the time of marriage(statement : we gave dowry of 10 laks and 20 tulas of gold, but no body deposed as per demand they give dowry) every thing is omissions , improvements and contraductions which are proved through IO-PW5. There are 7 people in the case out of 5 people got convicted with 2 years RI. during the deposion of PW1 produced medical pricription  with story of attributing injuries( which is not in 161 statement and FIR copy) during the cross we nailed out and proved this is false document. in the judgement even judge mentioned medical documents did not proved injuries so under 498A limb a is not attracted. PW2 to 4 are hearsay winess they always refering their story heard by either PW1 or PW2. but conviced under 498A limb b saying that mediation has held by elders as per PW1 to PW4 but accued really not demanding dowry why he is not accepting PW1 in to his fold. PW1 to PW4 created a story that they did mediation with elders and we didnt accept PW1 with additional dowry of 20 laks. Which is not in 161 statement and FIR copy, during the cross when we ask this statement is not stated before IO all witness saying they stated before IO,   as it is omission we proved through IO, IO stated they didnt state him same. Also in cross examination no one able to say date,month,year they did mediation.Pw4 is one elder of their relative he is not able to tell place of my house in HYD and the direction which the house is facing.Finally judge didnt consider IO-PW5 statement any where in the judgement though 80% of the omsissions proved through IO. Also judge made few gender baised statements with her general openion which really hurt a MEN.

Appeal has been filed in Session court and sentence has been suspended. i am pritty sure other party influenced judge and gave baised judgement.This is very simple case, my family not able to digest this damage. i need speedy justice. please guide me.

Grounds i have : 1. FIR Delay of 176 days 2. PW2 to PW4 are hear say witness 3. Omissions,provements and contradoctions in PW1 to PW4  4. PW1 to PW4 are interested witness. 5. Independent witness droped by PP who are neibours of my house. 6. judgement deliverd by judge on emotinal basis which is biased. 7. DP 3 and 4 dropped by judge then how come 498A lim b come into picture.

1) Can i go for judement quash in HC?

2) If HC not allowed what is my next step?

 



Learning

 6 Replies

sai narayana   06 October 2016

Dp 3 & 4 are dowry for marriage. 498A is harassment/cruelty for dowry or for any other purpose after the marriage.

sai narayana   06 October 2016

Dp 3 & 4 are dowry for marriage. 498A is harassment/cruelty for dowry or for any other purpose after the marriage.

sai narayana   06 October 2016

Dp 3 is for taking and Dp 4 is for demanding dowry for the marriage.

kanthraj   06 October 2016

Before charge sheet there was opportunity to quash under section 482 saying the complaint is prima facie in high court. Now case is transferred to trials. It's very difficult to quash.

jack (nothing)     07 October 2016

Experts, please respond on it.

Siddharth Dev (Advocate)     08 October 2016

Quashing is not Good idea

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading

Post a Suggestion for LCI Team
Post a Legal Query