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Possibility of ipc 323 conviction alone in 498A case


12-Aug-2023 (In Criminal Law)
In trial for 498A/406/506/323 case, the prosecution has been able to prove only one incident of a kick by the husband during a quarrel with wife. There is no injury claimed or medical report provided by wife. All other allegations have been either proven false OR are vague allegations of purported incidents which occurred 15 years back. Court Order will be announced in 2 days from now. What is the possibility of conviction u/s 323 alone. Also what could be the possible sentence in this case.
Answers (2)

Answer #1
883 votes
3 years minimum sentence will be awarded or it totally depends on the jury what he thinks fit in his observation. In most of the 498a cases all the accused mosty acquitted from the charges imposed. it will be under 3 years of imprisonment of the accused
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Advocate Gurudeep Saini

Adv. Gurudeep Saini

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Answer #2
515 votes
if you are found guilty for offence only under 323 of IPC then the court has power to enlarge you under THE PROBATION OF OFFENDER'S ACT. However it is discretion of the court. but in general the court adopts to exercise it's power
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Advocate Kumar Gaurav

Adv. Kumar Gaurav

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