304b and 498a 304b and 498a

2 months ago

My friend is murdered by her husband by hanging her. Father of deceased registered fir against deceased husband. In the statement of the complainant he say that father, mother and uncle of deceased saw deceased women husband hanging her and tied his hand....
My question is that she was my friend and I talked to her 16 days ago. Is deceased women husband empled my name in case....or prove any illicit relationship with cdr....

Legal Counsel Vidhikarya

Responded 2 months ago

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A.Dear Client,
Section 319 of Cr.PC allows a trial court, in the course of inquiry or trial in a criminal case, to implead a person where it appears from the evidence that any person, not being the accused, has committed an offense for which such person could be tried together with the accused. Impleading a person as a necessary party is a person who ought to have joined as a party and in whose absence no effective decree could be passed at all by the court. If a necessary party is not impleaded, the suit itself is liable to be dismissed. Since it is difficult to have an eyewitness to prove an illicit relationship; it can be proved indirectly by showing evidence such as hotel bills or travel records. Also, their public display of affection or their letters, SMS's etc. can be used as evidence against the offending party. Call Details Records (CDRs) can be used as effective pieces of evidence to assist the court in ascertaining the facts of the particular case and inquiring about the commission of an offense, and according to the judicial pronouncements, it is made clear that CDRs can be used as supporting or secondary evidence in the criminal prosecution.
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