Five panch witness absent in court - complainant absent too
Advocate_Sukanya
(Querist) 13 February 2012
This query is : Resolved
Honoured Members of lawyersclubindia,
My name is Sukanya and I am just passed out advocate. My senior Advocate died unexpectedly and I am handling a criminal case single handedly. I have some urgent questions in my case.
In a criminal case of my client, the complainant , the victim and all five panch witnesses are absent in court and did come for single day to court. Only the IO, a govt medical doctor and a constable ( all police witnesses) came to court for witness and cross examination.
Members my question is
1. Can I file for dismissal of case.
2. In the present case, can my client ( the only accused) file for exemption for 313 statement?
3. What else should i do?
Please help me members. I am ashamed of my trivial questions. But please help me, as my next hearing date is tomorrow.
Arvind Singh Chauhan
(Expert) 13 February 2012
You didn't mentioned the what is the offence, it is state case or complaint case?
1.after framing the charge it is not possible hence, Futile effort.
2. Not possible.
3. You should find out the contradiction between 161 recorded of Pnacha and Medical officer.
Take the benefit if complainant has not been examined. It is better to seek the help of another senior lawyers.
venkatesh Rao
(Expert) 13 February 2012
If panch witnesses are absent, the mahazar may not be proved. If complinant is also absent, complaint averments and allied circumstances also may not be proved beyond reasonable doubt. If the evidence of the prosecution is taken as closed by the court and the case is posted for 313 statement, you have little role to play at this juncture. If there is no incriminating evidence, the court itself will dispense with 313 statement. The case has reached a stage where you have now no chance to seek for dismissal. Pl. go through cr.p.c.especially chapter XXIV. If complinant and other material witnesses did not turn up, you have got a good case.
All the best. Wish me with sweets.
Raj Kumar Makkad
(Expert) 13 February 2012
Why you are making so hurry? The case is ultimately going in your favour. None has made accusation against you in the evidence so be assured you are going to be acquitted but wait for the completion of the procedure.
