Discharge of accused u/s 239

This query is : Resolved 
 

Online (Querist)
25 January 2018

Me and my brother have been accused in a counter case u/s 323 509 and 114 IPC..the chargesheet has been submitted by the IO and there is no recording of any witnesses statement u/s 161 but just he has mentioned three names of witnesses...the accused in her written statement has stated that she was assaulted with fists and blows and that she went to the government hospital for treatment but there is no mefical certificate annexed with the case..and at the mentioned date and time my brother was at service at his office at the bank and was absent at the place of occurrence...kindly give your valuable suggestions...


WilliamOnline (Querist)
25 January 2018

Me and my brother have been accused in a counter case u/s 323 509 and 114 IPC..the chargesheet has been submitted by the IO and there is no recording of any witnesses statement u/s 161 but just he has mentioned three names of witnesses...the accused in her written statement has stated that she was assaulted with fists and blows and that she went to the government hospital for treatment but there is no mefical certificate annexed with the case..and at the mentioned date and time my brother was at service at his office at the bank and was absent at the place of occurrence...kindly give your valuable suggestions...

Adv Shailendra Deshpande Online (Expert)
26 January 2018

It is better to keep your evidence and witnesses ready which you have mentioned being at service at the time of incidence. Your competent lawyer will know how to take cross and prove the the value of complainant's evidence.

WilliamOnline (Querist)
26 January 2018

If i keep the evidence , wont evidence from my bank ip address get wiped out after a long period of time as the dates are falling with a minimum 5 months gapping...so means twice a year..by the time evidence stage comes my evidence may be wiped out..sometimes there is a date once in two years as the court adjourns cases due to some agitation or sometimes the judges do not sit at times so it will take too long and my evidence which is stored in the bank server may be wiped out with due course of time

Dr J C VashistaOnline (Expert)
27 January 2018

Consult your lawyer who is competent, able and intelligent enough for better appreciation of facts and make proper defence for you.



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