Legal Question in Criminal Law in India
prosecution under section 498-A, section-4 of dowry prohibition act
Court issued summons against me and my family members under sections 498-A and section-4 of dowry prohibition act on complaint of my wife.
We all are on anticipatory bail. Girl said ''Her father given rs. 51000/- as shugan in marriage to all our family members and all of us demanded car from her and throw her from our house after beating her''. There is no witness or evidence(FIR or medical etc.) at her matrimonial home(where she last resided) to support these allegations.
On enquire to police file we came to know that they made one frivulous story that to resolve the matter they done internal meeting with persons from boy's side and in this meeting boy's side refuse to accept their daughter unless their dowry demand are met. They are producing four witness(thier relatives & family's friends) to support their claim. There is no proof of this meeting.
I want to know ''seriousness of my case''!. How court will rely on the statement of these witness?.
4 Answers from Attorneys
Re: prosecution under section 498-A, section-4 of dowry prohibition act
It is serious until you have come out clean through the process of criminal trial, which is cumbersome.
Re: prosecution under section 498-A, section-4 of dowry prohibition act
It is serious until and unless you prove them wrong.
Re: prosecution under section 498-A, section-4 of dowry prohibition act
Court will go by the evidence lead by witnesses before it during trial.
For assessing the merits of a matter, one need to know all the facts, circumstances, allegations etc. It is further dependent on the cross-examination of the witnesses.
Re: prosecution under section 498-A, section-4 of dowry prohibition act
The comments in a pending case should usually be avoided.
however, you may suffer conviction and a jail term in the case.
You may better consider an amicable out of court settlement of all the issues.
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