Water Tight Case Against Tappu Baba

Question 1: Whether Tappu Baba is at all guilty for conspiring to Kill Ichha?

Section 107:     Abetment of a thing.- A person abets  the doing of a thing, who-

            First.-              Instigates any person to do that thing; or

            Secondly -   Engages  with  one  or more other person or persons in any conspiracy for the ding of that  thing, if  an act  or illegal  omission takes place in  pursuance of that conspiracy, and in order to the doing of  that thing; or

Thirdly.-          Intentionally aids, by any act or illegal omission, the  doing of that thing.

 Section  108:    Abettor.- A person abets an offence, who  abets either the commission of an offence, or the commission of an act which would  be an offence, if  committed by a person capable by law of committing an offence with the same intention or knowledge as that of the abettor.

            Explanation 1.- The abetment of the illegal omission of an act may amount to an offence although the abettor may not himself be bound to do that act.

            Explanation 2.- To constitute the offence of abetment it is not necessary that the act abetted should be committed, or that the effect requisite  to constitute the offence should be caused.

 Inference 1: So there is beyond reasonable doubt that Tappu Baba is the abettor for committing a "thing".

Question 2: Whether that "thing" the abettor (in this case Tappu Baba) has committed is punishable under law?

Legal Position:

Section 307. Attempt to murder

Whoever does any act with such intention or knowledge, and under such circumstances that, if he by that act caused death, he would be guilty or murder, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine, and is hurt is caused to any person by such act, the offender shall be liable either to ¹[imprisonment for life], or to such punishment as is herein before mentioned.

Inference 2: So Tappu Baba the abettor has committed thing {in this case attempt to murder (Ichha)} is punishable under section 307.


Question 3: Whether Tappu Baba can legally be tried for fraud and deceit?

Legal Position

Section 415. Cheating

Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or commit to do anything which he would not commit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to "cheat".

Explanation. A dishonest concealment of facts is deception within the meaning of this section.

Inference 3: Yes, the act of Bride swapping is a crime punishable under this section as the person (i.e. Veer) would not have committed the act (marrying Tappu) if he were not deceived. So this Act is also a criminal act within the ambit of Indian law (sorry, I have not much knowledge about Australian or British or American law) and punishable under the law.

Question 4: Whether Tappu Baba is entitled to any special treatment just because she has beautiful face (with bucketful of make-up of course), a beautiful smile (even though it is crucade) who is used to luxurious life and cannot lead a comfortable life in jail?

Legal Position

Article 14. Equality before law. -The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.

         Inference 5: The Indian constitution does not make any discrimination between beautiful or ugly, poor or rich, or any other thing whatsover. So despite being a very beautiful woman (is she a woman? her acts do not reflect so) she is subjected the same way as any other person in this country.

So the bottomline is she is a criminal with her deeds as defined by the law of land and should be punished as mandated by the law. I am not even analyzing the case of Vansh here. These two acts are sufficient to send her to jail a minimum of ten years and make our society safer by getting rid of such people by condemning them in jail.

Is there a Need to say more?

 

Edited by lambooo - 13 years ago

OMG!!!!!!!!!!!!!!!!!!!!!!!!!! u have put all the law here for taps........................

Yes, Poojaji, I am taking extra classes here to teach people both letter and spirit of law. Hope doing a good job.

Lamboo ji..can i say..you are doing an absolutely fantastic job!!!...infact i wont call it off if the creatives take some assistance from you regarding their present track on how to move it forward from here on!!!...maybe they too are stuck..😉.i mean seriously you have really done some fantastic research out here.its so intresting ...me definitely regretting wasting my time doing a masters in business........only if i had done law...would have been useful since i am into all these serials nowadays..atleast could have given in my two bits here!!!....😉......its too late now i suppose!!...infact .i have been silently passing through some of the recent threads you started...and just  read through..because i dont have much clue about law so didnt want to interupt the high flown discussions!!!....but this one truly deserves an applause!!!....only one tiny problem my dear....in daily soaps they have their own set of laws!!!..and only those laws will abide which suit the ratings!!!!😉...... Edited by sonia77 - 13 years ago

Thanx. Yes, Soniaji these soaps have their own legal system, health systems (even they can bring back the dead). They are not rational from any point of view. But we discuss what they show us from a rational point of view- i.e. what ought to be done. It does not necessarily mean that the CVs will do what we want.

For instance they have shown Tappu Baba doing criminal acts consistent with Indian law liable to be punished. So as viewers we should deliberate whether these acts deserves punishment from the Indian legal system. The CVs have their own interpretation. But I feel as viewers we should able to interpret things in the proper perspective.

lambooji u r too good at law............

This content was originally posted by: pooja83

lambooji u r too good at law............

taps will turn u to an advocate.......lol

back to topic ... judicial system needs proofs...i hope dat useless sid comes up against taps with dat recorded  tape without being trapped in taps cheap tactics again................

Yes, Poojaji, hope that IPS officer, Abhinash Mattoo is trained well in the Police Training Academy (Hyderabad) how to collect evidence and make their case to stand the scrutiny of law. Hope his training will help him get to the bottom of the case.

yups even if sum evidence like cellphone of vansh and veer r lost still one can easily get the records from service provider ............

Don't worry, Poojaji. This time bad times have come for Tappu Baba. may be they will try to drag it a little further by showing her succeeding by manupulating a bit here and bit there. May be she will do her usual nautanki to prove to Veercha (Veer Bechara) that she is a Sati Savitri- to snatch him from the jaws of law. For a while this will work for her. If the CVs would not have any intention to bring out the truth, they would not have brought an IPS officer. They could do well that with the routine policewallha investigation. So it seems they are serious this time to get evidence which can be done by a trained and a high ranking officer. But you never know, Tappu baba just might trap him through her usual style of being a Menaka.......(remember Nani's advice of seducing Veer like a Menaka). Well I will not be surprised if she applies the trick to Avinash Mattoo.....

Guys...dont beat your head!!!..its not worth it..believe me....these creatives only do what suits them!!!..and ratings....wether right or wrong...i appreciate all of you guys having such extensive discussions on the matter...arguements..even fights..at times the moderators have had to shut the threads!!!...which is often the case nowadays......but we all seem to forget that at the end of the day..this is all fictional..so why get so serious!!...and arent we all here for some light friendly discussions..but the uttaran forum has unfortunately become a warzone!!!..its such a pity really....i do feel sorry sometimes!!..how does it matter because none of these characters are real...infact i dont think they get that much attention otherwise...as far as i know tv stars are really not considered that great shakes..they move pretty much unnoticed in bombay!!!...i have often abstained from commenting because some one or the other backfires saying..oh but you will say this..because you are a veeya fan!!!!.......and frankly i am quite fed up.......because i dont feel the need to keep justifying or explaining myself or my likes and dislikes..