• 498a

Family has been booked with 498a..3yrs back.been attending the court ..they did not hv any evidence to prove. But stil judge gave judgement of 7yrs imprisonment n 5 lakh rs for each.why is it soo.they hv been married for just 3 months .hw do we come out of this
Asked 2 years ago in Criminal Law from Australia
Hello,
1) Unless we go through the entire judgement and the record and proceedings it would be difficult to form an opinion as to why such a verdict came to be passed.

2) In fact the duration the marriage subsisted has no correlation to the quantum of punishment being awarded.

3) I presume all of you have been granted bail until the time you can move your appeal. If not you need to move the same court to get the sentence suspended and for grant of bail.

4) The only way getting out of this or trying to do so is by easy of moving an appeal before the High Court. Your advocate will help move the appeal with appeal the grounds and apply for the extension of bail during pendency of the appeal and suspension of the sentence until the appeal is decided.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
1. It is a common phenomenon in Indian judicial system and more so sue to paucity of judges in proportion to number of pending cases.
2. 498A cases hardly succeeds in indian and conviction rate is mere 8%. So if you are innocent then you have nothing to worry.
3. Engage a good lawyer and defend yourself/
4. if want to expedite the case then can apply in high court for such order for expeditious disposal in its criminal revisional jurisdiction.
Devajyoti Barman
Advocate, Kolkata
5169 Answers
54 Consultations
4.9 on 5.0
1. If the court has held them guilty and awarded imprisonment for 7 years then it must have found some evidence against them. 

2. The duration for which the couple stayed together or the marriage existed cannot be the foundation for giving a lenient sentence. 

3. Your relatives have the right to challenge the judgment in the High Court by filing an appeal. The matter can be carried in appeal right up to the Supreme Court. 

4. At this stage the only legal recourse available to them is to file an appeal and seek bail.
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0
section 498 A, cruelty is punishable up to 3 years of imprisonment then how can judge given sentence of 7 years. if judge did so you have to file revision before court of session for  set aside of judgment.
Shivendra Pratap Singh
Advocate, Lucknow
2728 Answers
41 Consultations
4.9 on 5.0
there must be some more charges other than one under 498A  for conviction of a sentence of seven years. You have to file an appeal in the High Court against the judgment of session court and also seek suspension of sentence .
H. S. Thukral
Advocate, New Delhi
514 Answers
125 Consultations
5.0 on 5.0
Dear Querist
As per your information, it seems that there is something you mis or hide from us.

there is some other sections apart from 498A of IPC because in 498A offence the punishment is only 3 years.

state detail facts to get best advise.
Nadeem Qureshi
Advocate, New Delhi
3522 Answers
129 Consultations
4.9 on 5.0
1. Conviction in 498A case is very rare & how come it is for 7 years?

2. Without perusing the order sheet, it is difficult to comment on the reason for such harsh order,

3. Could be that there was some valid evidence filed by the prosecution in support of the allegation which the Court has accepted,

4. Your lawyer will be better equiped to comment on it,

5. File an appeal  before the higher court praying for setting aside the said order.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0

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