Can Geet get justice??. PLZ Read & Discuss - Page 2

NT when planned her plan it was not that fool proof ... she too left plenty of clues ... but i don't know wht the cv's have in mind .... thy showed dev went to search for the clues & returned without any proof ...

@ dewdropred: proofs

1)land ...

Valid...

2)agent through which the land was sold ...

Valid.

3)the lodge where dev took geet ...

Valid. But that can be tempered. After all that was a small lodge & mischievous people might be coming there. So I doubt the credibility & availability of evidence. The owner might say we don't keep records of more than 3 months.

4)the marriage broker ...

+

5)the family & servant of another girl whom dev & tara meet prior to geet's family ...

Didn't NT bribe those people to keep mum????

6)geet's parents ...

Disappeared. But even if they were present they wouldn't testify because of Dardji. But her father might if he had guts to go against Darji....can't say.

7)channi's mother ... as she was insane at tht time don't know whether she can be

counted ... i doubt ...

Your doubt is valid. Court doesn't consider a person's testimony whose mental condition is not stable.

8)pandit was fake ... arranged by NT ...

Pandit himself might be knowing this. He would have been the first to run away from the crime site. Such kind of people who contribute in a crime run away quickly to save themselves.

9)NT & Dev's original passport ...

Valid.

10)Flight Info ...

Valid.

11)proof as he cleared his dues ... - In US / canada ... whn u earn something ... it's not like India ... u need to file taxes & everything ... so an enquiry can be raised over there also ... as to how come all of a sudden u got so much money ... without earning in a short time... whn u were not present in the country ... whn u transfer a big amount from 1 bank to another bank then also enquiries raises

Don't know whether Indian courts would consider that kind of proof. but it's Valid.

@ Mg777: Haahaa. It means 3 cases can be slapped against NT. One of them is (I believe non-bailable offence) attempt to murder for which bail can't be done easily.

Originally posted by: jazzerette

Ok...TM...since I am a lawyer here are my two bits on this...

Remember one thing though IPC defines the crime and its punishment. CrPC or Criminal Procedure Code provides only the procedure.

Lets go over the facts once again....roughly speaking this is what transpired in HP:

An NRI family approaches the Handas with proposal of marriage. They pressurize the Handas to marry the girl asap with the lure of taking her along to Canada. The bhabhi gets signature on a blank document on the pretext of getting her visa applied. The groom (Dev) sleeps with her as an exercise of his marital rights and then finds herself abandoned in the airport the next day by her so called husband. She and her family then find out that the whole wedding was a fake (the Pundit was fake) and the man (Dev) married her for her money and property. Not only that, he was previous already married and his first wife assisted him with the whole plan in duping Geet and her family. [All this while let us recall Dev was going around with this evil smile on his face...he was definitely whole-heartedly involved and had enjoyed it as well]

According to Indian Penal Code Dev, NT and family(Kamya + Pammi) are broadly liable fot the following offences:

1) Dev - Section 495...bigamy with concealment of fact of first marriage from the second spouse. Punishable with ten years with fine.

Section 496...marriage ceremony fraudulently gone through without lawful marriage. Punishable with seven years with fine.

Section 416...cheating by impersonation. Punishable with 3 years or fine or both. There is a leading case on this point whereby the accused professing to be a bachelor was held guilty. [MNA Achar v. DL Rajagopal, 1977 CrLJ]

Section 405...criminal breach of trust (as regards her stridhan). Punishable with 3 years or fine or both.

*If I am missing something do let me know...I'll update.

2) NT - Section 416...cheating by impersonation. Punishable with 3 years or fine or both.

Section 405...criminal breach of trust (as regards her stridhan). Punishable with 3 years or fine or both.

Abetment to every crime that Dev did. Chapter VII of IPC....punishments accordingly but ofcourse lesser than that for the actual crime.

3) Pammi and Kamya - Only for abetment.

The most heinous of his acts has been violating a woman's modesty. Whenever I think of this another section of IPC comes to mind. Section 375(4)...Rape ...where a man has sexual intercourse with a woman with her consent when he knows that he is not her husband but she has given her consent because she believes that he is another man to whom she is, or believes herself to be, lawfully married, it amounts to rape. I would like to construe the words "believes that he is another man to whom she is, or believes herself to be, lawfully married" as Geet believed herself lawfully married to Dev Khurana the bachelor whereas he slept with her knowing very well that he is not the same and is neither lawfully married to her.

Well...this last point is still debatable ...but still it doesn't dilute the fact that he did take undue advantage of her in most low way.

There are two essential components of a crime:

1) Actus Reus -- the actual act

2) Mens Rea -- the state of mind. Also called as evilness of mind.

In case of NT...she has only formulated the plan and abetted Dev in the whole scheme. She may even be the mastermind but she didn't do the actual act. It is Dev who underwent the marriage and Dev who had sex with an innocent. He was the one who gave her the administered coffee and him who walked away with her stridhan. NT did possess the Mens Rea but Dev possess both the evil mind plus the actual commission of the act. Then why is he not being subjected to the same hate and contempt that NT is getting in bundles.

Why is his character being redeemed?

Originally posted by: bDgT

Jazzzzzzzzzzz!! Million Hugs for clarifying those points of law...kick the guy Dev into jail and throw NT along