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Anonymous   06 April 2011 at 01:12

Burden of Proof for prosecution

My husband is currently on trial for a murder case in Trivandrum, Kerala. The incident in question occurred nearly six years ago, before we had met and married. My husband has been going to court and paying an advocate for all of those six years. He is doing everything he can to clear his name.
My husband did NOT do this crime, and there is NO evidence against him other than the testimony of the arresting officer. The arresting officer is the same man who my husband had filed a formal complaint against one week prior to this arrest. The officer has since been promoted, and any admission on his part that he falsely arrested my husband would surely destroy his career. He has no motivation to recant and admit that he is lying.
Although there is no other evidence, and although we have filed the as evidence the papers of formal complaint against the officer, there is still a very real chance that they will convict my husband based on the testimony of this officer. How can we have this officers 'evidence' stricken or not allowed for this trial, based on his proven reasons for prejudice against my husband? Does the prosecution have the burden of actual physical proof, or is this skewed testimony enough?
In short, how do we prove my husband is innocent against the word of a corrupt officer???

Anonymous   05 April 2011 at 23:49

application under sec.482 in high court for quashing of charges

If the application is filed in high court under section 482,alongwith required documents,what is the procedure adopted by the High Court Judge?
How much time is taken to deliver the judgement?

Anonymous   05 April 2011 at 23:38

file application in high court

under this criminal case prosecution has not delivered chargesheet for more than 8 years.Framing of charge is not done yet.Magistrate gives frequent dates.
Accused instead of using section 482 for quashing in high court under inheritance power of High Court,,intend to knock doors of high court on other grounds,so that entire matter and documents will be shifted to High court.under which reason and ground he can prefer application before high court to avoid harassment of magistrate?
whether high court can consider his application?
what is the exact remedy available?

Goutam   05 April 2011 at 23:32

Re-consideration (Alteration) in Charge by complainant

In criminal case Charge has been framed by the court on the accused.

Sec 323,325 and 506 of I.P.C has been framed on the accused.

My quries is :-

1. Whether there is any provision under which the complainant can file an application for the re-consideration or alteration of the Charge.

2. Whether there is any time limit for filing such above mentioned application.

3.Also inform me under which Section these provisions have been mentioned.

Anonymous   05 April 2011 at 23:23

exemption from apperance for 90 days

my friend is accused in criminal case and yet charge is not framed.he intend to need exemption from appearance for 90 days but not ready to submit medical certificate.on which other ground he can file application before magistrate so that he can sanction?

queryking   05 April 2011 at 23:15

dOMESTIC VIOLENCE

what is the time limitation to file the petition under domestic violence? can a wife leaving separately from husband file domestic violence petition for the incident happened about 2 to 3 years back?

meenakshi chauhan   05 April 2011 at 23:00

CrPC 437(6)


In what situation megistrate can deny for the bail , if the application is moved under section crpc 437(6)?

Member (Account Deleted)   05 April 2011 at 21:33

Jurisdiction of court

If the wife of the person belongs to her parental place 'B' and she was married at place 'A' where she resides after marriage. She is subjected to cruelity at place 'A'. Can She file complaint under Sec 498A at place 'B'. If yes then under which provision of Crpc regarding jurisdiction of court for trail.

As the offence is committed at place 'A' , is it possible to file complaint or logde fir at place 'B'?

Anonymous   05 April 2011 at 21:13

Filing Criminal case against BMC & Land Lords ?

We are a tenants association and inspite of having filed two petitions in High Court for grant of permission for undertaking structural repairs to tenanted buildings in K-East Ward we are yet to get the required permission from BMC due to corruption and collusion with land lords.

We therefore intend to file a criminal complaint with MM at Andheri. Pl. advice if it can bedone and under what sections of Cr.PC. Also do we have to get permission from Govt. for BMC staff?

B.B.R.Goud.   05 April 2011 at 21:11

punshment

if a person is acquitted, but the person spent in jail during remand - is there any remedy?