Legal Question in Criminal Law in India

My friend who is a male insulted his female colleague via email including lewd sexual comments as well as bad comments about her caste. The colleague initially decided to overlook the matter but changed her mind and decided to file a court case against my friend after 2 months despite my friend's written apology.

Since the case has been filed after 2 months time delay, will the judge quash the case due to the time delay or will he convict my friend and send him to jail despite a written apology?

Asked on 12/14/22, 6:16 am

1 Answer from Attorneys

Rajiv Chandhok Ph: +919810050896

At the outset the Trial judge does not have power to quash the case. Conviction depends upon what evidence is led at the trial. The Court may discharge him if prima facie it does not find a case against your friend. However as far as a jail sentence is concerned, that depends on whether your friend is convicted or not. If discharged or acquitted then the question of jail does not arise but if before the trial ends the prosecutrix supports your friends case and the case is compounded u/s 320 of the Code of Criminal procedure 1973 with the permission of the court then your friend will get free from the case. However the latter circumstances is dependent on the presumption that the prosecutrix is alive and is of sound mind or else her legal representative or relative will have that power

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Answered on 12/27/22, 1:01 am

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