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How can an NRI facing false 498-A and 304-B ensure fair trial?
25-Dec-2023 (In Criminal Law)
Hi All, I am an Indian citizen, working abroad and my committed suicide abroad in the month of October for an unknown reason. I am charged with a case u/s 498-A and 304-B, stating that I and my family have been harassing my wife since wedding for additional dowry. During wedding, my in-laws had done an FD for 10lacs INR and gifted some jewelry to my wife as I have declined their request for dowry. Looking at various forums, I noticed few NRIs in a similar situation were imprisoned for quite some time, lost their jobs and finally were acquitted of the case knowing their innocence. Is the same going to happen for me? I am depressed hearing to get behind the bars without committing any mistake and should someone be punished without knowing the facts? Could you please suggest, what best can be done in my case? I would like to fight the case, co-operate the investigation officer without losing my job and am ready to travel to India to be present for any trials that need me. Thanks!!
In this case Burden of proof lies on Complainant and as well as on Defendant also. Whatever money and jewellery given that is streedhan, husband has no right on this. If it is suspicious death forensic report and circumstantial evidence become very important.
Adv. P. Sathya Prakash
Warangal | 100+ Answers
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is the fixed deposit done in your wife name etc are withdrawn now or retained with you please check those details and what is the position of your in-laws and see that if they are against you need to get bail firstly
Adv. Innamuri Balasubramanyam
Rajahmundry | 500+ Answers
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Hi this according to your query every case is differ from another case where as in 498-a cases and 304-b, case the evidences must be there against you. untill and unless nothing going to happen in trail court look after all the allegations against and gives the judgment, so in your case you said you did not taken dowry and that too the FDR is in your wife name, so no need to worry face the trail and you can win the case. for further clarifications in your case i require some details so when you are free you can contact me at any time.
Adv. Bala Murali
Hyderabad | 200+ Answers
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Hi
1) First and foremost need to know whether your wife was working and had independent source of income whilst overseas.
2) Since your wife had committed suicide overseas, indian laws will not apply. Only overseas laws shall apply in your case.
3) If the death had happened in India, probably the cases against you would have stood the test of law. However since your wife committed suicide overseas, you should contest and win the case on jurisdiction .
4) Not sure whether your parents are residing in india and have been made parties to the case. If they have been arrayed as accused, then you should move for bail for parents before sessions court.
1) First and foremost need to know whether your wife was working and had independent source of income whilst overseas.
2) Since your wife had committed suicide overseas, indian laws will not apply. Only overseas laws shall apply in your case.
3) If the death had happened in India, probably the cases against you would have stood the test of law. However since your wife committed suicide overseas, you should contest and win the case on jurisdiction .
4) Not sure whether your parents are residing in india and have been made parties to the case. If they have been arrayed as accused, then you should move for bail for parents before sessions court.
Adv. Rajagopalan
Hyderabad | 500+ Answers
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