Regarding domestic violence
sunnir
(Querist) 15 April 2014
This query is : Resolved
Hello All,
Trail is over in DV case,now is it possible to ask for additional evidence at the stage of session appeal?? If yes then how and under which section? Evidence is regarding to summon employer to examine for the actual income of applicant. Please reply.
Thank you so much.
Devajyoti Barman
(Expert) 15 April 2014
ADDITIONAL EVIDENCE IN CRIMINAL APPEAL IS NOT READILY ACCEPTED UNLESS IT IS FOUND THAT VERY IMPORTANT EVIDENCE WAS LEFT OUT WHICH LED TO CONVICTION.
In DV case it is unlikely to be allowed.
Rajendra K Goyal
(Expert) 16 April 2014
Agree with the advise of expert Devajyoti Barman ji.
V R SHROFF
(Expert) 16 April 2014
nothing wrong trying. u must establish, the evidence was recd by you now.
Advocate. Arunagiri
(Expert) 16 April 2014
cr.p.c.
391. Appellate Court may take further evidence or direct it to be taken.
(1) In dealing with any appeal under this Chapter, the Appellate Court, if it thinks additional evidence to be necessary, shall record its reasons and may either take such evidence itself, or direct it to be taken by a Magistrate, or when the Appellate Court is a High Court, by a Court of Session or a Magistrate.
(2) When the additional evidence is taken by the Court of Session or the Magistrate, it or he shall certify such evidence to the Appellate Court, and such Court shall thereupon proceed to dispose of the appeal.
(3) The accused or his pleader shall have the right to be present when the additional evidence is taken.
(4) The taking of evidence under this section shall be subject to the provisions of Chapter XXIII, as if it were an inquiry.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 16 April 2014
DV ACT is new law and procedure is being developed at snails pace.
However it has criminal procedure so there are lots of technical mistakes by the applicant just because it is new law.
So lapses and mistakes gives lots of opportunities so apart from additional evidence you must find technical factors in your favor for easy and sure win.
ajay sethi
(Expert) 16 April 2014
agree with Mr Arunagiri
Guest
(Expert) 16 April 2014
Well advised.
T. Kalaiselvan, Advocate
(Expert) 17 April 2014
Well advised, I agree. DV case is though a quasi civil in nature, it again depends on the circumstances for such issues.
