498a proceeding in appeal in session court

This query is : Resolved 
 


Querist : Anonymous (Querist)
12 July 2019

498a/406 - Acquitted from lower court citing "Prosecution failed to prove the charges". And final verdict is "acquitted".
Now it is appealed in session court against order of lower court. My questions are :
Will it be entire trial will re-run in session court again?
All proceedings will be same as that of JM/lower court ?
Or it will be summary proceedings (short/brief) in session court ?
Many thanks in advance for your expert opinion.


Sudhir Kumar (Expert)
12 July 2019

The appeal will be based on the material available in the record of trial court.

Dr J C Vashista (Expert)
12 July 2019



Proceeding in an appeal and trail differ, wherein no evidence is allowed except certain exceptional circumstances. Appeal shall be proceeded on the basis of records on file.
Whether the appeal has been filed by State or complainant?
You are continuing same lawyer which was there in Trail Court or engaged someone else? What is his/ her opinion?
If you are not satisfied with your lawyer's ability, competence or performance change him/ her immediately.
You can seek a second opinion from another local prudent lawyer with relevant case file, if you feel so.
Why do you need a second opinion and obligation of experts on this platform when you have already engaged an able, competent and intelligent lawyer except the fact it is available free of cost?
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