web analytics

Menu

Skip to content
Shades of Knife
  • Home
  • True Colors of a Vile Wife
  • Need Inspiration?
  • Blog Updates
  • SOK Gallery
  • Vile News Reporter
  • About Me
  • Contact Me

Shades of Knife

True Colors of a Vile Wife

Tag: Hearsay Evidence

State of Maharashtra Vs Ramchandra Bhikaji Wagh on 26 February 2020

Posted on March 11, 2020 by ShadesOfKnife

Single-judge bench of Bombay High Court highlighted the grounds on which a Legal terrorism was intended to be unleashed on an innocent family u/s 498A IPC, and thwarted it royally.

From Paras 9 and 10

9 Admittedly, complainant (PW-1) led a very happily married life with accused no.1. Their date of marriage is 27th June 1990 and PW-1 left the matrimonial home on 28th March 2001. As per PW-1, accused was given lot of gold, household appliances and Rs.50,000/- within three months of her marriage, which means that these things were given in the year 1990. There is no explanation as to why the complaint was then lodged only on 4th January 2002. According to PW-1, accused no.1 demanded Rs.1 lakh when he saw the retirement benefits cheque in the hand of her father and her father retired on 28th February 2001. The complaint has been lodged on 4th January 2002. The delay is not explained. Moreover, complainant left the house leaving behind her children, who were on the date she left the house were 9 years and 6 years, respectively. PW-1 never filed any custody petition or any petition for divorce. PW-1 filed maintenance petition on 10th March 2003. The delay again has not been explained.

10 It is settled law that delay in lodging the complaint cannot be used as a ritualistic formula for doubting the prosecution case and discarding the same solely on the ground of delay in lodging the complaint. At the same time, delay has the effect of putting the Court in its guard to search if any explanation has been offered for the delay, and if offered, whether it is satisfactory. If prosecution fails to satisfactorily explain the delay, the delay could be fatal to prosecution.

From Para 11,

11 In this case, there is not even an attempt by the prosecution to explain the delay. It appears that PW-1 had no problems living alone with her
parents but when PW-1 heard from her father that accused no.1 has married accused no.5 (which again has not proved), PW-1 decided to teach accused no.1 a lesson. It is unfortunate that in matters like this even the family members are getting dragged. Prosecution should refrain from dragging allfamily members unless there is enough specific evidence against the family members otherwise provisions of Section 498-A will unfortunately bemisused as a weapon.

Finally, in Para 15,

15 There is an acquittal and therefore, there is double presumption in favour of the accused. Firstly, the presumption of innocence available to the accused under the fundamental principle of criminal jurisprudence that every person shall be presumed to be innocent unless they are proved guilty by a competent court of law. Secondly, accused having secured their acquittal, the presumption of their innocence is further reinforced, reaffirmed and strengthened by the Trial Court. For acquitting the accused, the Trial Court rightly observed that the prosecution had failed to prove its case.

State of Maharashtra Vs Ramchandra Bhikaji Wagh on 26 February 2020

Citations: [2020 SCC ONLINE BOM 331]

Other Source links:

https://indiankanoon.org/doc/63867796/

https://www.casemine.com/judgement/in/5e5cd685cfc07432f89ed3dc

Posted in High Court of Bombay Judgment or Order or Notification | Tagged CrPC 378 - Appeal In Case Of Acquittal Delay or Unexplained Delay In Filing Complaint Discourage Roping In All Relatives Of In-Laws Or Distant Relatives Hearsay Evidence IPC 494 - Not Made Out Legal Terrorism Misuse of Section 498A of IPC Rajesh Sharma and ors. Vs State of UP and Anr State of Maharashtra Vs Ramchandra Bhikaji Wagh | Leave a comment

Kalyan Kumar Gogoi Vs Ashutosh Agnihotri and Anr on 18 January, 2011

Posted on March 20, 2019 by ShadesOfKnife

In this Appeal on a Election Petition, Hon’ble Supreme Court held that the evidences of the witness are not just hearsay but utter lies.

Kalyan Kumar Gogoi Vs Ashutosh Agnihotri and Anr on 18 January, 2011

 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Hearsay Evidence Kalyan Kumar Gogoi Vs Ashutosh Agnihotri and Anr | Leave a comment

Shaik Mehataj @ Jareena Vs Shaik Humayun on 3 October, 2016

Posted on July 4, 2018 by ShadesOfKnife

Some interesting points in this DVC order.

From Para 10,

There is no pleading and evidence of the petitioner before this Court that the respondent no.1 was consuming alcohol even prior to their marriage or that he had started to consume alcohol from the first day of their marriage or immediately thereafter. According to the evidence of the petitioner the respondent no.1 developed sudden addiction towards alcohol after the birth of their child. The said version of the petitioner is difficult to believe as a person who is a teetotaler for couple of years of his marriage, all of a sudden he develops chronic addiction towards alcohol and spendthrift without any reason.

From Para 11,

The petitioner has stated during the course of her cross-examination that only she and the respondents no.1 and 2 only were residing together, and the respondent no.3 to 6 were residing separately. When the respondents no.3 to 6 were not residing along with the petitioner in her matrimonial house then the manner and mode of the alleged subjection of the petitioner to domestic violence must be specifically pleaded and proved by the petitioner. There is no averment in the pleading and evidence of the petitioner the respondents no.3 to 6 were instigating the respondent no.1 for performing second marriage with another woman by coming to the matrimonial house of the petitioner or through other mediums like communication etc., in the presence and hearing of the petitioner, and also about the manner in which, and the modes through which, she was beaten by the respondents no.3 to 6. The petitioner also did not aver and depose the exact abusive words that was allegedly uttered by the respondents no.3 to 6 to her and also the nature of threat that was allegedly given to her by the respondents no.3 to 6 in absence of the respondent no.1.

From Para 13,

and that on one occasion without informing the respondent no.1 she got terminated her pregnancy when she conceived for the second time after the birth of their son, and that the petitioner has been voluntarily residing separately from the respondent no.1. The evidence of the respondent shows that after their marriage the petitioner was insisting him to set up separate family at the village of her parents at Konijedu village, that the petitioner did not like her mother-in-law shall reside along with them, and that after the birth of their son when the petitioner had conceived for the second child then with the assistance of her sister by name Haseena, who is residing at Nellore town, she got terminated the pregnancy without informing him, has not been challenged by the petitioner during the course of his cross-examination. Thus, the unrebutted evidence of the respondent discloses that the petitioner has rather victimized the respondent no.1.

From Para 14,

The cross-examination of PW2 indicates that she had not personally observed the parents of the petitioner giving Rs.1,30,000/- cash, 20 sovereigns of gold ornament, household articles as dowry to the respondents, as such, his evidence can be said to be hearsay in nature, and unreliable in that regard. The cross-examination of PW3 discloses that Rs.1,30,000/- dowry, gold ornaments weighing 20 sovereigns, and household articles were presented in her absence, and that her evidence is also hearsay in nature, and unreliable in that regard. Per contra the cross-examination of PW3 discloses that gold ornaments weighing 20 sovereigns were presented to the petitioner in her marriage. Thus it can be said that the said gold ornaments were not presented to the respondent as dowry by the parents of the petitioner. The evidence of the parents of the petitioner is the best evidence to prove that the alleged presentation of dowry in the marriage of the petitioner and the respondent no.1 to the respondents. It is not the case of the petitioner that her parents are not more alive. The parents of the petitioner are not examined by the petitioner before this Court. Hence, an adverse inference is drawn under section 114(g) of the Indian Evidence Act against the petitioner for not examining her parents to establish the alleged presentation of dowry in her marriage by her parents to the respondents.

From Para 15,

The petitioner has claimed maintenance @ Rs.10,000/- per month from the respondent for herself and her son. The petitioner did not plead and testify before this Court about her inability to maintain herself and her son, and also about the sufficiency of the means of the respondent no.1 to provide maintenance to her and her son.

Shaik Mehataj @ Jareena Vs Shaik Humayun on 3 October, 2016
Posted in Prakasam DV Cases | Tagged DP Act 4 - Dowry Demand Not Proved Evidence Act 114A - Adverse Inference Hearsay Evidence Inability to Maintain Self Not Testified Shaik Mehataj @ Jareena Vs Shaik Humayun | Leave a comment

Kans Raj Vs State of Punjab and Ors on 26 April 2000

Posted on June 3, 2018 by ShadesOfKnife

Supreme court held that one should discourage the tendency to rope in all relations in dowry cases.

For the fault of the husband, the in-laws or the other relations cannot, in all cases, be held to be involved in the demand of dowry. In cases where such accusations are made, the overt acts attributed to persons other than husband are required to be proved beyond reasonable doubt. By mere conjectures and implications such relations cannot be held guilty for the offence relating to dowry deaths. A tendency has, however, developed for roping in all relations of the in-laws of the deceased wives in the matters of dowry deaths which, if not discouraged, is likely to affect the case of the prosecution even against the real culprits. In their over enthusiasm and anxiety to seek conviction for maximum people, the parents of the deceased have been found to be making efforts for involving other relations which ultimately weaken the case of the prosecution even against the real accused as appears to have happened in the instant case.

Kans Raj Vs State Of Punjab & Ors on 26 April, 2000

Citations: [2000 JT SC 5 223], [2000 ACR SC 2 1263], [2000 SCC CRI 0 935], [2000 EASTCRIC 2 698], [2000 RCR CRIMINALINAL 2 695], [2000 SCC CR 0 935], [2000 RCR CRI 2 696], [2000 SCC 5 207], [2000 RCR CRI 2 695], [2000 CCR 2 156], [2000 AIR SC 2324 1], [2000 PLJR 3 68], [2000 ALLMR CRI 0 1180], [2000 MLJ CRI 1 844], [2000 RCR CRIMINAL 2 695], [2000 SLT 4 162], [2002 CLJ 0 2993], [2000 SCR 3 662], [2000 ACC 41 3], [2000 ALD CRI 2 467], [2002 SCC 5 207], [2000 CRI LJ 2993], [2000 LW CRL 2 660], [2000 JIC 2 353], [2000 AIR SC 0 2093], [2000 SRJ 10 330], [2000 ALD CRL 2 467], [2000 SCALE 3 429], [2000 KERLT 2 42], [2000 CRLLJ 2993], [2000 CRLJ 0 2993], [2000 RENTCR 2 695], [2000 AIR SC 2324], [2002 RCR CRIMINAL 2 695], [2000 JCRIC 2 665], [2000 DMC SC 1 645], [2000 SCC 5 2007], [2000 SUPREME 3 554], [2000 CRIMES 2 213]

Other Source links: https://indiankanoon.org/doc/1263837/

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Discourage Roping In All Relatives Of In-Laws Or Distant Relatives Hearsay Evidence Kans Raj Vs State of Punjab and Ors Landmark Case Legal Terrorism The Dowry Prohibition (Amendment) Act 1986 | Leave a comment

Search within entire Content of “Shades of Knife”

My Legal X Timeline

Advocate Sandeep Pamarati 🇮🇳💪👨🏻‍🎓 Follow

AP High Court Advocate with M Tech (CS) || 12 years in 'Software Industry' as Solution Architect || Blogs at https://t.co/29CB9BzK4w || #TDPTwitter

SandeepPamarati
Retweet on Twitter Advocate Sandeep Pamarati 🇮🇳💪👨🏻‍🎓 Retweeted
thisguyknowsai Brady Long @thisguyknowsai ·
22 Jun

A German psychologist proved in 1885 that cramming erases what you learned within 48 hours. He published the fix in the same book. Almost no school on Earth has adopted it in 140 years.

His name was Hermann Ebbinghaus.

He had no lab. No funding. No colleagues.

He worked alone

Reply on Twitter 2068965021514891696 Retweet on Twitter 2068965021514891696 901 Like on Twitter 2068965021514891696 2632 X 2068965021514891696
Retweet on Twitter Advocate Sandeep Pamarati 🇮🇳💪👨🏻‍🎓 Retweeted
factcheckapgov FactCheck.AP.Gov.in @factcheckapgov ·
22 Jun

ఎంతో ప్రతిష్టాత్మకంగా నిర్వహించి ప్రజల ఆరోగ్యం పట్ల అవగాహన కల్పించిన అంతర్జాతీయ యోగా దినోత్సవం సందర్భంగా రాష్ట్రం లో పలుచోట్ల నిర్వహించిన యోగా కార్యక్రమం పై కొందరు తప్పుడు ప్రచారం చేస్తున్నారు. ఈ కార్యక్రమం కోసం రూ. 600 కోట్లు ఖర్చు అయినట్లు చెప్పడం పూర్తిగా అసత్యం. రాష్ట్రంలో

Reply on Twitter 2068972932827869255 Retweet on Twitter 2068972932827869255 38 Like on Twitter 2068972932827869255 85 X 2068972932827869255
Retweet on Twitter Advocate Sandeep Pamarati 🇮🇳💪👨🏻‍🎓 Retweeted
jaitdp Telugu Desam Party @jaitdp ·
22 Jun

చీఫ్ మినిస్టర్.. టీచర్ అయిన వేళ

అంగన్వాడీ కేంద్రాన్ని సందర్శించిన సీఎం చంద్రబాబు కాసేపు టీచర్‌గా మారి, పిల్లల అభ్యసనం ఎలా ఉందో తెలుసుకున్నారు. ఇంగ్లీష్ ఆల్ఫాబెట్స్ చెప్పమని సీఎం అడిగేసరికి పిల్లలు చక్కగా చెప్పారు.
#ChandrababuNaidu
#AndhraPradesh

Reply on Twitter 2068873963246399922 Retweet on Twitter 2068873963246399922 69 Like on Twitter 2068873963246399922 304 X 2068873963246399922
Retweet on Twitter Advocate Sandeep Pamarati 🇮🇳💪👨🏻‍🎓 Retweeted
jaynitx Jaynit @jaynitx ·
22 Jun

Marc Andreessen went on Chris Williamson's podcast and broke down exactly how Elon Musk runs multiple companies at once

No other CEO on Earth does this:

1. Every week, Musk shows up at each of his companies, identifies the single biggest problem that company is having that

Reply on Twitter 2069072158735942107 Retweet on Twitter 2069072158735942107 619 Like on Twitter 2069072158735942107 3267 X 2069072158735942107
Load More

Recent Posts

  • Pavul Yesu Dhasan Vs Registrar SHRC of TN and Ors on 30 Apr 2025 June 18, 2026
  • Manoj Kumar Vs Nita Bharti on 17 Mar 2026 June 17, 2026
  • Cruelty as a Criminal Offence Explained June 12, 2026
  • Bail Compliance Undertaking Format – Draft, Legal Requirements & Sample Template June 12, 2026
  • Warning Signs of Escalating Matrimonial Litigation – Early Red Flags Every Spouse Should Recognize June 12, 2026

Most Read Posts

  • Reply to Section 41A CrPC Notice – Format with Legal Explanation (4,943 views)
  • Anu Aggarwal Vs Sushant Aggarwal on 20 Jan 2026 (3,477 views)
  • Umme Farva Vs State of U.P. and Anr on 14 Jan 2026 (3,369 views)
  • Charge Sheet and Final Report Explained (2,812 views)
  • Regular Bail Application Format (Section 437/439 CrPC) (2,191 views)
  • Neha Lal Vs Abhishek Kumar on 20 Jan 2026 (1,998 views)
  • Arrest Procedure in 498A cases after Arnesh Kumar (1,932 views)
  • Discharge Application Format in 498A Case – Draft, Procedure & Sample Template (1,774 views)
  • Can You Travel Abroad After an FIR Is Registered? – Legal Position Explained (1,691 views)
  • Atul Kumar Bajpai Vs State of UP and Anr on 17 Sep 2025 (1,538 views)

Tags

Reportable Judgement or Order (433)2-Judge (Division) Bench Decision (413)Legal Procedure Explained - Interpretation of Statutes (382)Landmark Case (381)1-Judge Bench Decision (362)Catena of Landmark Judgments Referred/Cited to (293)Work-In-Progress Article (215)3-Judge (Full) Bench Decision (101)Sandeep Pamarati (92)Article 21 - Protection of life and personal liberty (80)Issued or Recommended Guidelines or Directions or Protocols to be followed (71)Perjury Under 340 CrPC (66)Absurd Or After Thought Or Baseless Or False Or General Or Inherently Improbable Or Improved Or UnSpecific Or Omnibus Or Vague Allegations (61)Reprimands or Setbacks to YCP Govt of Andhra Pradesh (49)Summary Post (47)CrPC 482 - Quash (43)HM Act 13 - Divorce Granted to Husband (42)Legal Terrorism (41)Divorce granted on Cruelty ground (41)Not Authentic copy hence to be replaced (40)

Categories

Supreme Court of India Judgment or Order or Notification (753)Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments (328)High Court of Andhra Pradesh Judgment or Order or Notification (186)High Court of Delhi Judgment or Order or Notification (164)High Court of Bombay Judgment or Order or Notification (112)High Court of Karnataka Judgment or Order or Notification (93)Legal Procedure (77)High Court of Madras Judgment or Order or Notification (70)High Court of Allahabad Judgment or Order or Notification (61)LLB Study Material (59)General Study Material (56)High Court of Punjab & Haryana Judgment or Order or Notification (52)Assorted Court Judgments or Orders or Notifications (50)High Court of Kerala Judgment or Order or Notification (46)Prakasam DV Cases (46)Judicial Activism (for Public Benefit) (45)District or Sessions or Magistrate Court Judgment or Order or Notification (44)High Court of Madhya Pradesh Judgment or Order or Notification (38)High Court of Gujarat Judgment or Order or Notification (28)High Court of Calcutta Judgment or Order or Notification (27)

Recent Comments

  • eCourts India on Compromise-Based Quashing in Matrimonial Cases – Complete Legal Strategy
  • The Divorce Law Firm on Life Cycle Stages of a Divorce case
  • The Divorce Law Firm on Life Cycle Stages of a Divorce case
  • ShadesOfKnife on Sandeep Pamarati Vs Ungrateful Knife (IPC 498A Case)
  • KONURU VINAYKUMAR on Sandeep Pamarati Vs Ungrateful Knife (IPC 498A Case)

Archives of SoK

  • June 2026 (9)
  • May 2026 (24)
  • April 2026 (33)
  • March 2026 (42)
  • February 2026 (30)
  • January 2026 (21)
  • December 2025 (2)
  • November 2025 (3)
  • October 2025 (17)
  • September 2025 (12)
  • August 2025 (5)
  • July 2025 (10)
  • June 2025 (15)
  • May 2025 (3)
  • April 2025 (10)
  • March 2025 (7)
  • February 2025 (8)
  • January 2025 (1)
  • December 2024 (3)
  • November 2024 (4)
  • October 2024 (16)
  • September 2024 (15)
  • August 2024 (14)
  • July 2024 (11)
  • June 2024 (18)
  • May 2024 (13)
  • April 2024 (9)
  • March 2024 (23)
  • February 2024 (15)
  • January 2024 (11)
  • December 2023 (11)
  • November 2023 (9)
  • October 2023 (13)
  • September 2023 (12)
  • August 2023 (15)
  • July 2023 (17)
  • June 2023 (11)
  • May 2023 (6)
  • April 2023 (5)
  • March 2023 (10)
  • February 2023 (9)
  • January 2023 (12)
  • December 2022 (12)
  • November 2022 (8)
  • October 2022 (13)
  • September 2022 (17)
  • August 2022 (10)
  • July 2022 (21)
  • June 2022 (27)
  • May 2022 (23)
  • April 2022 (32)
  • March 2022 (17)
  • February 2022 (6)
  • January 2022 (2)
  • December 2021 (7)
  • November 2021 (7)
  • October 2021 (6)
  • September 2021 (10)
  • August 2021 (31)
  • July 2021 (45)
  • June 2021 (17)
  • May 2021 (17)
  • April 2021 (18)
  • March 2021 (58)
  • February 2021 (14)
  • January 2021 (50)
  • December 2020 (35)
  • November 2020 (68)
  • October 2020 (67)
  • September 2020 (28)
  • August 2020 (41)
  • July 2020 (20)
  • June 2020 (36)
  • May 2020 (40)
  • April 2020 (38)
  • March 2020 (26)
  • February 2020 (43)
  • January 2020 (35)
  • December 2019 (34)
  • November 2019 (4)
  • October 2019 (18)
  • September 2019 (57)
  • August 2019 (33)
  • July 2019 (12)
  • June 2019 (18)
  • May 2019 (5)
  • April 2019 (19)
  • March 2019 (58)
  • February 2019 (11)
  • January 2019 (90)
  • December 2018 (97)
  • November 2018 (43)
  • October 2018 (31)
  • September 2018 (73)
  • August 2018 (47)
  • July 2018 (143)
  • June 2018 (92)
  • May 2018 (97)
  • April 2018 (59)
  • March 2018 (8)

Blogroll

  • Daaman Promoting Harmony 0
  • Fight against Legal Terrorism Fight against Legal Terrorism along with MyNation Foundation 0
  • Good Morning Good Morning News 0
  • Insaaf India Insaaf Awareness Movement 0
  • MyNation Hope Foundation Wiki 0
  • MyNation.net Equality, Justice and Harmony 0
  • Sarvepalli Legal 0
  • Save Indian Family Save Indian Family Movement 0
  • SIF Chandigarh SIF Chandigarh 0
  • The Male Factor The Male Factor 0
  • Unitedmen Foundation a dedicated community forged with the mission to unite men facing legal challenges in marital disputes. 0
  • Vaastav Foundation The Social Reality 0
  • Vinayak my2centsworth – This blog is for honest law abiding men, married or planning to get married 0
  • Voice4india Indian Laws, Non-profits, Environment 0
  • Writing Law Writing Law by Ankur 0

RSS Cloudflare Status

  • ARN (Stockholm) on 2026-06-25 June 25, 2026
    THIS IS A SCHEDULED EVENT Jun 25, 00:00 - 05:00 UTC Jun 19, 14:18 UTC Scheduled - We will be performing scheduled maintenance in ARN (Stockholm) datacenter on 2026-06-25 between 00:00 and 05:00 UTC.Traffic might be re-routed from this location, hence there is a possibility of a slight increase in latency during this maintenance window […]
  • ARN (Stockholm) on 2026-06-24 June 24, 2026
    THIS IS A SCHEDULED EVENT Jun 24, 00:00 - 05:00 UTC Jun 19, 13:08 UTC Scheduled - We will be performing scheduled maintenance in ARN (Stockholm) datacenter on 2026-06-24 between 00:00 and 05:00 UTC.Traffic might be re-routed from this location, hence there is a possibility of a slight increase in latency during this maintenance window […]
  • EWR (Newark) on 2026-06-22 June 23, 2026
    Jun 23, 09:00 UTC Completed - The scheduled maintenance has been completed. Jun 22, 01:00 UTC In progress - Scheduled maintenance is currently in progress. We will provide updates as necessary. Jun 19, 06:32 UTC Scheduled - We will be performing scheduled maintenance in EWR (Newark) datacenter between 2026-06-22 01:00 and 2026-06-23 09:00 UTC.Traffic might […]

RSS List of Spam Server IPs from Project Honeypot

  • 34.14.86.214 | SD June 22, 2026
    Event: Bad Event | Total: 12 | First: 2026-01-12 | Last: 2026-06-22
  • 34.52.210.100 | S June 22, 2026
    Event: Bad Event | Total: 2 | First: 2026-06-22 | Last: 2026-06-22
  • 45.174.88.88 | S June 22, 2026
    Event: Bad Event | Total: 10 | First: 2025-08-07 | Last: 2026-06-22
Owned and Operated by Advocate Sandeep Pamarati
Proudly powered by WordPress
Theme: Flint by Star Verte LLC

Bad Behavior has blocked 1375 access attempts in the last 7 days.

pixel