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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 IPC 498A 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

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