Reopen a criminal case after 2 years of judgement
Mahendra
(Querist) 02 August 2014
This query is : Resolved
In the year 2007,The days when I am in college one if My classmate beat Me and I got a Depressed Fracture on My Forehead(SERIOUS INJURY).I gave a complaint in the Police Station and the case was booked [UNDER SEC.324] .
After a long period .i.e.; in the year 2012 (MARCH) I got a summons from the District court to attend the case and to give My witness. I gave My witness and there is no judgement on that day and I returned back to Home.
After 1 year, I came to know that the case is Closed and judgement is that the [IPC Sec.324] on which the accused is booked is changed to [IPC sec.322A] in this case and Culprit was Fined of only Rupees 1000/-.
Even though I Won the Case I am not Satisfied because,the expenditure for the treatment for the fracture which I got on My forehead is already Rs.20,000 and above.
For the operation to that fracture is expected to be atleast 60,000 Rupees which is not done till now.
But the Culprit was fined Only Rs. 1000/- .
So I asked few people whether it is possible to RE-OPEN the case after 2 years from the day of Judgement (MARCH 2012) as I already Won but not satisfied.
But I am not getting a proper Answer.
Incident happend in Oct. 2007
Judgement given on Mar. 2012
(I won the case)
IS IT POSSIBLE TO RE-OPEN THE CASE NOW..?
(i.e; In August 2014 - ALMOST 2 YEARS 4 MONTHS FROM DATE OF JUDGEMENT)
REASON FOR DELAY: IS DUE TO FINANCIAL PROBLEMS
I WANT TO APPEAL IN HIGHER COURTS IF POSSIBLE . HELP ME OUT IN THIS ISSUE
Devajyoti Barman
(Expert) 02 August 2014
The order of conviction and fine could have been challenged by way of Appeal whose time limit is 90 days. After expiry of that period also it can be done if the delay is explained but in your case delay of 2 years is unlikely to be condoned even if explained.
Rajendra K Goyal
(Expert) 02 August 2014
It seems difficult, consult good local lawyer dealing in such cases and show him all the papers.
ajay sethi
(Expert) 02 August 2014
you had raised this query earlier too
Nadeem Qureshi
(Expert) 02 August 2014
now it is too late for filing appeal or challenge the judgement of the case.
Arvind Singh Chauhan
(Expert) 02 August 2014
Try your best. Pray to court that limitation starts from the date of knowledge and according to new amendment not only public prosecutor but complainant also has right to appeal.
You are filing the appeal within limitation as you just got the information of judgment.
Pray to appellate court that, at least you should be compensated.
P. Venu
(Expert) 02 August 2014
As the victim, you can file the appeal in terms of proviso Section 372 CrPC. As regards to limitation it could be urged that you had got the knowledge of the conviction for lesser offence and inadequate compensation only recently. Moreover, delay is condonable in an Appeal.
T. Kalaiselvan, Advocate
(Expert) 03 August 2014
Even if you are allowed to prefer the appeal by the high court, you cannot get the reimbursement of medical expenses incurred by you, because the court may either impose more fine or put into prison for a period 3 to 6 month. Further, the reason stated by you for the delay in filing the appeal is not convincing, hence there are very bleak chances for your appeal to be taken on file.
