Procedure/process on the day of hearing of sentence
B Guru Murthy
(Querist) 12 January 2017
This query is : Resolved
Dear LCI,
querist (A1) convicted in 498a along with A6 (sister-in-law),
now waiting for hearing of sentence
on the day of pronouncement of judgment.......
Judge questioned for a1 & a6
for a1, why no defence evidence?
I have no answer to the JUDGE
AND
FOR a6,
as you took aliby on the day of alleged offence and you did not adduce any evidence to that, thus you are convicted
even a6 has no answer to the JUDGE
But the answer to question of JUDGE to the FORUM is ..,
that our counsel(legal aid) said not to adduce any evidence, so i was silent basing on his words and
no idea why, a1 convicted.
&
no clarity why, a6 was convicted.
but all witness as per 161 statement are hostile
only police and complainant side witness was taken
query:
in this regard A1 can request to call de facto complainant (498a petitioner & then wife for a1) to talk in court before judge regarding the sensitivity matters related of the case on day of hearing of sentenence
as provided U/s 235(2) - chance given to a1 to say few words related to case
P. Venu
(Expert) 12 January 2017
No suggestion is possible unless the Judgement is perused. Anyhow, onus of proving the alibi rests on the shoulders of the accused.
Rajendra K Goyal
(Expert) 12 January 2017
Full case file and orders of court need to be referred, discuss with your lawyer.