Help required from members
Arvind Singh Chauhan
(Querist) 14 June 2012
This query is : Resolved
Sir,
Trial court convicted accused under Sec 323,332,353 IPC. Now matter is in appeal before session judge. Complainant now wants acquittal of accused and ready for compromise.
what may be legal way to settle the matter. Whether session court can recall the witness or may remand the file in the court of JM for this purpose.
Session court has directed orally to find the solution and citation for this purpose.
Adv.R.P.Chugh
(Expert) 14 June 2012
Dear Arvind,
I don't think anything can be done - what is non compoundable is non compoundable even in appeal. The Judge cannot order re-trial or recall witness/record additional evidence (391) for this purpose.
You can try going to HC u/s 482 CrPC for this purpose. Sessions Court cannot do anything and has to assess the matter objectively on basis of the evidence.
Adv.R.P.Chugh
(Expert) 14 June 2012
Dear Arvind,
I don't think anything can be done - what is non compoundable is non compoundable even in appeal. The Judge cannot order re-trial or recall witness/record additional evidence (391) for this purpose.
You can try going to HC u/s 482 CrPC for this purpose. Sessions Court cannot do anything and has to assess the matter objectively on basis of the evidence.
Shonee Kapoor
(Expert) 18 June 2012
only HC can quash the matter.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
