1. My brother had given statement in police FIR. But later there is no statement from him in trial court.
Can this be basis for his statement in session court ?
He has missed the bus in the trial court, now he cannot make any statement in the session court. The advocate should have made him as a defence witness and got his evidence deposed, which the advocate missed out, so the opportunity is lost now.
2. There are no other evidence submitted . There is no medical report of any physical violence .There is no injury, wound .Only statements were given by her, mother, father ,brother . There is no independent (other than family member) witness. There is no complaint made to community body regarding dowry demand.
These things, if extracted in the trial court, can be highlighted in the appeal.
3. Victim has given statement that there was attempt to burn her alive, but no accompanying proofs given.
(Not sure why my trial court lawyer didn't ask single question on this ?)
The advocate who conducted the case in the trial court had been very lethargic towards the approach of this case which resulted into the present conviction now being appealed against.
4. To file case from her home town , she has given complaint that we all members came in car from our native place to her place . This is just illogical , as no real offender will go to other city with all family members to demand dowry. This is plain lie .
(Again, not sure why my trial court lawyer didn't ask single question on this ?)
Such logics do not find room in law. This is a preponderance of probability or a corroborative evidence. In matrimonial disputes there is no strict proof to prove the allegations.
5. I believe out of thousands of 498a cases filed , not even hundred cases will not have husband as accused.
Doesn't this prove anything that there is high chance of false 498a case ?
Will judge accept logic based argument ?
You may concentrate on your own case, do not deviate the subject with new additions which will not be considered by court.