Legal Question in Criminal Law in India

criminal law

can i succeed in an appeal if a prime witness is not examined and the siuation is that the accused has not been identified by anyone. the accused has been setenced 1yr imp. for rash and negliget driving, 3 months for causing grevious hurt, 1 yr. under the motor vehicle Act , all the punishment run concurrently. A fine of rs 2.5 lacs has also been imposed. kindly note that the offence proved is not included in the the offence charged. The charge was u/s 304 IPC i.e. Culpable homicide not amounting to murder.


Asked on 5/25/07, 3:13 pm

5 Answers from Attorneys
Sachin Sangare Private Practise

Re: criminal law

I presume the matter is in Appeal. The Sucess depends on your Appeal. Let the appeal be adjudicated.

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Answered on 5/25/07, 11:33 pm
Shrichand Nahar S.V.Nahar, Advocate

Re: criminal law

Non examination of one of the prime witnesses may not affect case of the prosecution. One need to examine and assess over all case and somethings here and there. Without evaluating evidence adduced and reasoning/findings of trial court, it is very difficult to assess merits of the case. However, one thing appears very clearly on the face of sentence and fine awarded by trial court viz. the matter is either very serious or very widely publicised. Both the things affect you adversely and you need to counter the same with proper & rational stratergy.

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Answered on 5/26/07, 3:27 am
Vinay Mathur Vinay Mathur & Associates

Re: criminal law

You have a good case. In the accident cases when there is no-eye-witness then you have a good case. In appeal you have good chances of success

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Answered on 5/26/07, 4:28 am
G. M. Gupta gmguptaandassociates

Re: criminal law

though it can not be adviced without going through the papers but as told by you it seems that you have good case in appeal.

accused may see acquittal

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Answered on 5/27/07, 2:36 pm

Re: criminal law

All papers relating to case is to be seen to give any opinion relating to your query.For any query you may call me on my mobile no.9873343288.

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Answered on 5/26/07, 12:18 pm


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