• Need help for session court proceedings

Respected Sir, 

My sister in law(brother wife) has filed 498a/34 case against us (my mother, my sister , myself & wife & younger brother ) . Strangely in this case , 498 case is not against husband. There is no other IPC  on us.

We have lost the case in trial court & now case is in session court.  We couldn't fight well in trial court due to fear from sister-in-law relatives. As she filed the case from her home town. We couldn't hire good lawyer &  attend court proceedings all times.

Could you please advise :-

1. How can we fight this case in session court ? Can we ask session court Honorable  judge to have another statement of my brother as part of final argument hearing ? Is it possible ?

2. As there is holiday period from  20th Dec to 3rd Jan, how can we postpone/request Honorable judge to have final hearing in January ? As in case of any punishment , we can't get relief from high court (high court will be closed). Next hearing is on 8th Dec. Can we absent from hearing ? Can we have hearing on 8th Dec , but then request Honorable Judge to postpone judgement post January ? Please advise. 

3. In earlier trial court judgement , we were given imprisonment of 1 year to all of us. Even there was no medical report of any torture or any other sign of physical abuse. 
Earlier trial court Honorable judge has given judgement based on mental torture. Does 1 year punishment mean , we will not get any relief from session court ? As punishment is not very less.

4. How many such 498a cases are there in which  husband is not involved ? Does it matter for Honorable judge in session court ? This was more of property case , which was made as 498a case . How can we fight about this ?

Thanks in advance.

Regards,
Asked 1 year ago in Family Law from Jabalpur, Madhya Pradesh
Religion: Other
Hi, you have already preferred an appeal before the Session court and based on the evidence recorded in the Trial court argument will be going on.

2. Now you can't lead additional evidence or statement before the session court.

3. if the case is not conducted in trial court properly then it is very difficult to contest the case in session court.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1) judgement depends upon facts of the case , evidence on record 

2) it is necessary to peruse order passed by trial court to advise as to grounds on which you can challenge the impugned order before sessions court 

3) you can request for an adjournment on 8 th December if your counsel is absent 

4) even if arguments are heard on 8th December judgement would take time maybe more than a month or so 

5) yiu will get relief from sessions court if evidence on record does not justify the order passed by trial court 

6) 80 per cent of 498A cases are false  and end in acquittal 
Ajay Sethi
Advocate, Mumbai
23383 Answers
1228 Consultations
5.0 on 5.0
1. Additional evidence is permissible but under certain conditions. Without seeing all the papers it is difficult to advise whether the same would be allowed or not.
2. You can always take adjournment for hearing on the scheduled date. It is not that difficult.
3.The judgment of trial court seems perverse. It should be set aside if it is properly handled.
4. Non involvement of husband in 498A case really makes 498A case weak. I am surprised how you were convicted by trial court.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
1. How can we fight this case in session court ? Can we ask session court Honorable  judge to have another statement of my brother as part of final argument hearing ? Is it possible ?
You have to fight on the basis of merits in your side which were not considered in the lower court.  If your brother was not roped in as a witness from your side, you may not be able to produce his witness in the appellate court.



2. As there is holiday period from  20th Dec to 3rd Jan, how can we postpone/request Honorable judge to have final hearing in January ? As in case of any punishment , we can't get relief from high court (high court will be closed). Next hearing is on 8th Dec. Can we absent from hearing ? Can we have hearing on 8th Dec , but then request Honorable Judge to postpone judgement post January ? Please advise. 
If the hearing is posted for 8th December, what is your problem in attending the case, why do you want to postpone the hearing, the court without any valid reason may not entertain such petty issues.




3. In earlier trial court judgement , we were given imprisonment of 1 year to all of us. Even there was no medical report of any torture or any other sign of physical abuse. 
Earlier trial court Honorable judge has given judgement based on mental torture. Does 1 year punishment mean , we will not get any relief from session court ? As punishment is not very less.

You have been convicted by the trial court, so based on the documentary evidences in your side, you may give a tough challenge in the sessions court in the criminal appeal.






4. How many such 498a cases are there in which  husband is not involved ? Does it matter for Honorable judge in session court ? This was more of property case , which was made as 498a case . How can we fight about this ?
Your case has been decided by the trial court hence any question regarding issues concerning trial is of no use.  You should concentrate now on the appeal subject alone.
T Kalaiselvan
Advocate, Vellore
14158 Answers
128 Consultations
5.0 on 5.0
1. You should have contested the case fittingly in the court. All that you needed was a competent lawyer.

2. You can request the sessions court to record the statement of your brother but this request is not likely to be accepted unless you can prove that your brother's statement has a nexus with the outcome of the case.

3. Your lawyer would know very well how to take adjournment from the court, so leave this to him. If the sessions court also holds you guilty then you can move the HC. You can abstain from the hearing if your lawyer is present in the court. 

4. The Sessions court can set aside the judgment of the lower court. Do not bother about how many cases the husband get relief in. Every case is special on the face of its own merits.

5. Get hold of a competent lawyer and defend yourself in the court.
Ashish Davessar
Advocate, Jaipur
18256 Answers
450 Consultations
5.0 on 5.0
it is not necessary that husband must implicate in 498 A case. you should contact the best lawyer of the court. you have no opportunity to appreciate all the evidence brought on record before trial court. you may contest appeal on the face of record already admitted by trial court. 

you can raise all the lacunae like absence of medical report, evidence wrongly admitted by the court, etc.   
Shivendra Pratap Singh
Advocate, Lucknow
2792 Answers
41 Consultations
4.9 on 5.0
Now this is the time for appeal arguments. You can challenge the case by applying the question of law.Actually the lower courts are considered as fact finding case.What ever the evidence adduced in the lower court for acquittal also one of the considered subject in appeal time. .It is difficult give  another statement ..You can argue in the point of lack of evidence in the wounds mention in the  wound certificate 
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
1) what s your brother statement made before police ?

2) it appears to be a bogus complaint filed as no police complaint filed of alleged harassment earlier , no medical certificate as to nature of injuries 

3) complaint could have been filed from her home town of part of cause of action has arisen in her home town 

4) court will accept your arguments if no evidence is on record to substantiate the allegations made in complaint 
Ajay Sethi
Advocate, Mumbai
23383 Answers
1228 Consultations
5.0 on 5.0
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.
T Kalaiselvan
Advocate, Vellore
14158 Answers
128 Consultations
5.0 on 5.0
1. The statement of your brother was not required to be recorded in the court.

2. If the ocular evidence is worthy of acceptance the absence of medical evidence will not vitiate the case of the prosecution.

3. What argument will be accepted and rejected by the court will be known only after the court delivers its judgment.

Ashish Davessar
Advocate, Jaipur
18256 Answers
450 Consultations
5.0 on 5.0

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