Sir, My wife has filed a false case of 498a on me in and my elder sister in 2008 stating i harassed her and beated. She broke my house in absence of me and went to her house at different station of parents. She registered a case after 3 days of house breaking at her place ps. In MR written no external injury appears only slight bleeding at 4 o clock hymen seems, which also may be cause of menstrual. Around 14 witness were examined 2- 3 witness left out to be examined. Investigation officer expired before his statement to be recorded. Mean while i filed sec97 in which court rejected as per her statement afterwards sec 9 filed court ordered exparte to continue married life .My sister was acquitted in lower court and me was penalised for 2 years rigorous punishment with fine of 500/ rupees failing six months more. Now my case is at dj court. Please advice me are the chances of acquittal still exists only 498a framed. Secondly my lawyer says wife has taken divorce but refuses to take cc from court.3. Sometimes he asks for compromise which i refuses. Final arguement and judgement is on the way. Sir please
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Legal points:1.Cause of action is different 2. My father statement was recorded but judge overlooked including sec 97 sec 9. 3. If really wife has divorced will it prove beneficial to me 4. If it is false will she agrees to continue with me. Wife resided 1 month 2 days but different places.5. If acquittal good, if coviction what all remedy and strategy should i follow ?
My lawyer panics me telling anything can happen. It is worth mentioning out of 14 witnesses 3-4 turns hostile, 3 members of her family, 1 lady MO, 1 her relative where she stayed for 2 days at same city where she last resided.1 witness junior I/O spoke ruthlessly. No women cell complaint, no counselling held, noDV held. Please suggest me
Sir please help me. Upto how many days i may be released after cinviction for appealing in HC
it is necessary to peruse order of trial court convicting you to advise
2) further evidence on record has to be perused as to whether you can be acquitted in appeal or not
3)if wife has proved the allegations regarding you assaulting her and harassing her then appellate court will not set aside order of trial court
1)court has to consider all the evidence on record including your father statement
2)the judgment of family court granting divorce has to be perused
3) if you are convicted seek stay of order of conviction to appeal to HC
no lawyer can guarantee the results of litigation
2) you should emphaisse on fact that at before filing 498A case there is no police complaint filed by wife regarding physical assault
3) medical certifcate does not show any external injuries
4) have faith in your lawyer .
Since your appeal is pending in district court,you will have to wait for its decisions.
As I have not seen the papers of your case like FIR, evidence and judgement of lower court I can in no way comment on the merit of the case.
If the appeal court affirms conviction seek stay on arrest on the same day.
What grounds or merits conviction of lowercourt in 498a case can be acqitted in dj court, because in appeal nothing new can be added as experts say. How acquittal order can be passed on seeing the merits of the same case of lower court?
1) if trial court has passed conviction order without considering evidence on record the appellate court can set aside order of conviction
The merit can be said after reading the judgment copy only.There is no other way out.
Secondly my lawyer says wife has taken divorce but refuses to take cc from court.3. Sometimes he asks for compromise which i refuses. Final arguement and judgement is on the way
It is to be seen that on what grounds you were convicted
What was your defence during trial proceedings
Without knowing the above information it would be difficult to give an opinion to the appeal in this case before DJ court.
You are talking about section 97 IPC, but you have not stated that whether there is a petition or case pending against her under the referred section?
What is section 9, is it under HMA?, if so what way this case is going to help you tide over the present criminal case or this appeal against the conviction? It is different law to 498a IPC
The divorce by wife will add strength to her criminal complaint.
You have already been convicted hence you have to concentrate on the grounds of appeal only.
The trial court, if has not considered the case on merits and if you feel aggrieved over the lapses by the trial court, you may put forth your argument to highlight the lacuna by the trial court.
If you feel your lawyer is getting panicked, you may change the lawyer even at this moment.
Better to protect your interests on it.
Sir please help me. Upto how many days i may be released after cinviction for appealing in HC
If you have preferred appeal before high court, then yo my have to file a petition before the trial court for suspending the sentence pending decision by the appellate court.
Once the appellate court takes the appeal on file you may apply for regular bail
What grounds or merits conviction of lowercourt in 498a case can be acqitted in dj court, because in appeal nothing new can be added as experts say. How acquittal order can be passed on seeing the merits of the same case of lower court?
You have not mentioned the grounds on which the court relied upon for concluding that you have committed this offence.
You have not mentioned that what was your defence.
You have merely told that she filed false case, but what is the reason that you say it is false?
Without knowing the background details or even the conviction order, any opinion given on this shall be a mere misguidance.