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AK (AK)     24 April 2013

Burden of proof

My family members have been chargesheeted u/s 498A, 306, 304(B). They have collected the chargesheet from the sessions court and the court has given a date after one week for all accused to come and at that time the case will be committed and forwarded to a district court where the trial will take place. I have following questions:

a) while collecting chargsheet, it is realised that one of the witness statement has not been supplied. A petition to that effect has already been filed in session court. Can session court forward the case pending sastisfactoty resolution of that petition?

b) while looking at the chargesheet, we could see that in the name of evidence, there were witness satements of 6 family members and a post mortem report. Is this sufficient ground for a chargesheet? can these witness statements be sufficient evidence for conviction? On whom the burden of proof lies in these sections?

c) Post trial when the judgementn is announced, will the accused be immediately arrested or will the court provide some time to surrender? They are currently out on the bail.

d) If this chargesheet is challendged in a high court, will the trial has to wait to start till high court disposes off the petition or will it go simultaneously?

Thanks in advance.



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 2 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     25 April 2013

Dear Querist

the opinion on your points is below

 

a) while collecting chargsheet, it is realised that one of the witness statement has not been supplied. A petition to that effect has already been filed in session court. Can session court forward the case pending sastisfactoty resolution of that petition?

Opinion: no, without dispossed of this application the court can not commit the case.

 

b) while looking at the chargesheet, we could see that in the name of evidence, there were witness satements of 6 family members and a post mortem report. Is this sufficient ground for a chargesheet? can these witness statements be sufficient evidence for conviction? On whom the burden of proof lies in these sections?

 

Opinion: the burdun of proof lies on the prosecution to prove their chrge without reasonable doubt.

 

c) Post trial when the judgementn is announced, will the accused be immediately arrested or will the court provide some time to surrender? They are currently out on the bail.

Opinion: recently Sunjay Dutt case, i think this point will be cleared.

 

 

d) If this chargesheet is challendged in a high court, will the trial has to wait to start till high court disposes off the petition or will it go simultaneously?

 

Opinion: yes, there is two procedure, 

1. go for quashing the chargesheet before HC under article 226 read with section 482 of Cr.PC

2. Go for a revision petition before HC against the Charge.


Advocate Ravinder (Advocate/Attorney)     20 May 2013

Revision petition under what provision of Cr.p.c.


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