It is a fully contested case and sarvanan concerntarted on following….
Demolish allegations one by one…
Concentrated to prove that she left on her own….
Concentrated to prove that his parrent stayed separately and hence there can be no DV from them…
Well Done Saravanan….
It is one of the few cases in Indian where a DV case has been won by husband after evidence, cross, argument and based on merits..
The last two lines of the Judgement.
Petitioner has failed to prove Domestic Violence 🙂
239. When accused shall be discharged.
If, upon considering the police report and the documents sent with it under section 173 and making such examination, if any, of the accused as the Magistrate thinks necessary and after giving the prosecution and the accused an opportunity of being heard, the Magistrate considers the charge against the accused to be groundless, he shall discharge the accused, and record his reasons for so doing.
If, upon consideration of the record of the case and the documents submitted herewith, and after hearing the submissions of the accused and the prosecution in this behalf, the Judge considers that there is not sufficient ground for proceeding against the accused, he shall discharge the accused and record his reasons for so doing.
- Discharge in 239 happens mostly based on complaint and allegations
- Discharge in 227 happens mostly based on material
- Discharge is a good strategy if you want to delay the case due to whatever reasons.
- In criminal cases delay is always better as the memory of the complainant and witness fades with number of years.
- There are number of instances where witness died during trial and hence benefits the accused.
- Many time delay in proceedings are not good. E.g. getting acquittal in 498A may be very critical because that is a ground for getting divorce.
- Don’t file discharge just because some one else is filing or just because your lawyer has suggested.
- Study and understand the implication of filing discharge as it may be good or may not be good in your particular case.
- Even if discharge application is dismissed you can challenge it in HC under CrPC 397 (Criminal Revision Petition)
- There is a misconception that only sister’s name or mother’s name can be discharged and other’s name cannot be discharged.
- Remember in 239 discharge happens purely based on allegations and in 227 discharge happens purely on material so even A1 can be discharged if above conditions are not satisfied.
- Grounds for acquittal and discharge are different. E.g. Delay In FIR is a ground for acquittal but not for discharge.
- Discharge in simple terms is nothing but relief at an early stage without the harassment of going through trial.
For further information and reading you can refer to https://498amisuse.wordpress.com/category/resource/discharge/
Golden Rule while getting cross examined
Authored by National Family Harmony Society, Bangalore – https://498amisuse.wordpress.com/
1. Never look into the eyes of the advocate who is crossing you. Always look into the eyes of the Judge.
2. Be cool, calm and composed and don’t panic.
3. If possible get a friend to the court hall to keep company to you prior to getting crossed.
4. Never give justification for the question. E.g.
Opposite advocate: I state that you have demanded 10 lakh of dowry from your wife.
Yourself Wrong answer: Why will I demand dowry? I earn handsome salary
Yourself Right answer: This is false.
5. Think why advocate is asking a particular question. He will not ask without motive.
6. Never answer any question in hurry but for that matter doesn’t take too long to answer.
7. Best way to frustrate opposite advocate is to ask him to repeat the question. Sir can you repeat the question. I did not understand!!. This way you not only frustrate the advocate but also you will get time to think over the answer which is favourable to you.
8. If you are not sure about the answer will favourable or against you then simply say I don’t remember.
9. You have the right to refuse a particular question. I have myself done this. E.g.
Opposite advocate: My I know where do you stay?
Yourself Sir, at the last three places where I stayed they came and assaulted me. In view of that I am unable to give my current address.
10. You can do submission if you feel it can help in your favour.
11. Never lose your cool in spite of uncomfortable questions. Remember advocate is just putting a suggestion.
12. Denying everything is good but be careful. I was watching a brother of husband getting cross examined in DV case.
Opposite advocate: Are you brother of Shri XYZ?
Brother of husband : Yes
Opposite advocate: In your affidavit whatever you have mentioned did you came to know on your own or your brother told you?
Brother of husband : I came to know on my own.
Opposite advocate: In paragraph 8 you have mentioned about a incident in their HoneyMoon. How you came to know of this on your own?
Brother of husband : F u m b l i n g!!…
Opposite advocate: You have given a false affidavit. Your Honour, the behaviour of the witness may kindly be recorded.
13. Denying everything has the advantage of finishing the cross very fast. Remember in any case it is only cross which takes lot of time as it is a multiple event.