Independent witnesses in 498a
You are saying that your wife has done a false case on you very well but do you know that if wife brings independant witnesses in court in her favour then it will be come case of conviction.
Independent witnesses are the key for 498a trial. Independent witnesses adds credibility of the case and courts start believing the statements of interested witnesses also.
Now ho are independant witnesses who can come and give statement against you.
These can be neighbors, family friends, common friends, far off relative, security guard, panchayat members.
If any one of these come as an eyewitness to the fact that you have demanded dowry infront of them then the court view on the case will change and can lead to conviction.
I have done some research on this
Moreover, the testimony of Nandu Kale (PW 5), who is posed to be independent witness, loses its weightage since there is criminal background to the said witness which has been revealed in his cross examination. Moreover, even so called independent witness Nandu Kale (PW 5) nowhere spells out about alleged demand and harassment by the accused to victim Surekha due to non-fulfillment thereof and hence, his testimony cannot be of any aid and assistance to the case of the prosecution in respect of the said charge. Besides, there is variance between version of the said independent witness Nandu Kale (PW 5) and Laxman (PW 2), the complainant, regarding the said charge under Section 498A of IPC. Thus, the evidence adduced and produced by the prosecution is inconsistent and there are infirmities and discrepancies in the evidence adduced and produced by the prosecution and hence, considering the said deformities and also considering the other circumstances of the case, presumption under Section 113A of the Evidence Act cannot be raised against accused no.1 i.e. appellant herein, and conviction inflicted upon the appellant herein under Section 498A of IPC shall not sustasin since there is no basis and foundation of legal evidence therefor.
Evidence of one independent witness, friend of the deceased is a sufficient and material to prove ingredient of Sections- 498A and 306 of IPC and Dowry Act. I have minutely perused the evidence of PW-12-Nurhat Parvin, friend of the deceased, who disclosed reality of the allegations made against the present appellant-accused. After perusing genuineness of the evidence of the prosecution case in detail, learned trial Judge has rightly observed that prosecution has proved its case beyond reasonable doubt. As per the observations in the case of Ramilaben Hasmukhbhai Khristi w/o Hasmukhbhai Ashabhai (supra), Statements made under Section-174 of the Code of Criminal Procedure, cannot be considered as substantive evidence. As per Section-113 of Indian Evidence Act, presumption is required to be drawn against the present appellant-accused. I am of the opinion that learned trial learned trial Judge has rightly convicted the appellant- accused for the alleged offences
independent witness-PW-12-Nurhat Parvin, who is a friend of the victim, there was mental and physical torture given by the appellant to the deceased and due to such conduct, deceased committed suicide. Mr.Soni, further submitted that this witness is a star witness of the prosecution case and through cross-examination of this witness, defence could not establish any negative conduct of this witness.
Advocate Nitish Banka