Querist :
Anonymous
(Querist) 23 December 2022
This query is : Resolved
If accused suspension of sentence gets allowed before the appellate court, what remedy does the victim / his family has ?
When an appellate court suspends an accused person's sentence, the victim or their family has limited recourse. Criminal cases are primarily between the state and the accused, with the victim having a restricted role. While suspension of sentence is a judicial discretion, victims can challenge the decision if they believe there has been a gross injustice, though this is not straightforward.
kavksatyanarayana
(Expert) 23 December 2022
What is the case? what is your problem? Brief facts.
Dr J C Vashista
(Expert) 24 December 2022
Why "if" so and so ??? The question paper do not suggest any facts for taking this examination.
Sudhir Kumar, Advocate
(Expert) 24 December 2022
Please come with facts instead of setting up question papers.
K Rajasekharan
(Expert) 24 December 2022
The victim has no much say in such matters. A criminal case is more or less between the State and the accused, in which the victim has only a limited say in some matters.
Suspension of sentence is a discretionary matter to be decided by the judge. It should not be decided based on the desires of the victim.
A case will become final only when the appeal is over as the appeal court has almost all the powers of the trial court.
Advocate Bhartesh goyal
(Expert) 24 December 2022
Well adviced by expert Adv.K.Rajasekhran, i concur with his opinion.
Sudhir Kumar, Advocate
(Expert) 25 December 2022
Victim can challenge the relief given to accused if he feels gross in justice. No an easy way.
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