Appreciation Of Evidence – Justice K.N BASHA

An FIR unsigned by the complainant, or one filed after an unexplained delay, can lead to the dismissal of charges. While looking for info on these two subjects, I found this interesting document at the Madras HC’s site.

Here’s the link to the site from the Madras Judicial Academy. There are other interesting articles here:

http://www.hcmadras.tn.nic.in/jacademy/articles.html

It’s painful to follow up and update links when the the content at these sites is moved or deleted. To get around this problem, I host files locally IF these files are in the public domain. For this reason, I’m hosting this article and other ones at this blog, in case the links die over time:

Appreciation of Evidence by Justice K.N. Basha

Here is the link to the Madrash HC’s site:

Appreciation of Evidence

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Some Interesting Stats On Arrests Of Women

In 1930, the British govt arrested 17,000 women for their involvement in the Dandi Yatra (Salt March). During 1937 to 1947 (10 Years), they arrested 5,000 women involved in the freedom struggle. From 2004 to 2006, the govt of India arrested 90,000 women of all ages under 498A. On the average, 27,000 women per year are being arrested under this flawed law. These are stats from the NCRB.

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The family of the writer was tortured by the Indian Police in an attempt to extort over a $100,000 by holding them in custody for over a week. The police, in cahoots with the magistrate and the PP, did this due to the ridiculous allegations made in a 498A case by his embittered ex-wife. She filed the case years after he and his family had last seen her. Thousands of 498A cases are filed each year in India by women seeking to wreak vengeance on their husbands and in-laws. Enormous sums are extorted from intimidated families implicated in these cases by corrupt Indian police officers and elements of the Indian judiciary. The author and his family haven't bribed any public official nor have they given in to the extortion. This blog aims to raise awareness of due process in India. The content of this blog constitutes, opinions, observations, and publicly available documents. The intent is not to slander or defame anyone or any institution and is the manifestation of the author's right to freedom of expression – with all the protections this right guarantees.

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