Legal Question in Criminal Law in India

Proving guilty

I was running an institute.A girl student studied for 4 months of an 8 month course,after that,she left.She got married to a lawyer.After a year or so,she sent a notice,asking for return of money,under sec 420 for not teaching.though institute was runnuing and she paid in installments.We didn't respond to her notice and found myself in custody.Her husband opposed to my bail and asked for money.My wife,without my knowing,paid half money & I got bail.In case deposition,the girl could not prove my gilt,but her husband argues privately that I have paid half money,because,I have accepted my gilt

Mere squeezing money,by anyhow putting in bars-can prove that I am guilty for not teaching and liable to refund money?


Asked on 7/06/08, 11:53 am

3 Answers from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Re: Proving guilty

Payment of money post arrest can be a circumstance against you. However, it is not sufficient to prove your guilt or otherwise.

Under criminal law, guilt of an accused is required to be proved beyond reasonable doubt by adducing cogent evidence.

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Answered on 7/07/08, 1:49 am
Manish Dhingra Legal

Re: Proving guilty

There are many factors that are to be considered in this case. Is there any proof that your wife paid money, etc. Generally speaking, you are not guilty for paying halk-money.

You can also file a case against the girl for malicious prosecution.

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Answered on 7/06/08, 4:45 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Proving guilty

No. it has to be proved beyond reasonable doubt.

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Answered on 7/17/08, 4:48 am


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