While studying some cases, which were concocted, one thing, that came up repeatedly was this. In cases where the charges are false, the judge has to test, whether the charges stand legal grounds, and if there is any substance in them. If no, he/she can dismiss them. However this needs that the judge applies his/her mind to the question whether or not there is any ground for
presuming the commission of the offence by the accused. It seems not many judges do so, else there won't be so many false casses still floating around.
The above remarks about judges not applying their mind, has been taken from several high court and Supreme Court judgements. In these cases Supreme Court and High Court have came down heavily on the trial courts.
Below is the extract
"this Court had observed that at the stage of framing the charge, the Court has to apply its mind to the question whether or not there is any ground for presuming the commission of the offence by the accused. As framing of charge affects a person liberty substantially, need for proper consideration of material warranting such order was emphasized."
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Males are the biggest victims of the marriage industry
ReplyDeleteIrrespective of what the courts have set out or avoiding misuse of laws, non arrest expect in cases of death or serious injury etc, arrest of husbands and his famuly do happen day in and day out…just on the basis of the wife's word under 498A IPC
To add to this, the DV act makes marriage a very dangerous proposition
Men are the victims of desire for sex …including normal marital sex and / or sex before marriage .
To add to this Sohaib and a 1000s of others have added to the morass by paying huge ransoms to women who file false cases and harass them
More rape cases (recent ones where consented sex becomes rape)at
http://bit.ly/cnt3td
and
http://bit.ly/akO4fj