case registered u/s 385/384/354 IPC

Avinash kumar seth (Querist) 24 August 2009 This query is : Resolved
a lady registered FIR....dated...... after this she wrote two letters to her office authorities as apology letter that FIR No.....of dated..... are false and fabricated due to acute pressure of my husband and threat these letter are verified by defence witnesses please suggest me these two letters are sufficient for my defence. Case in the trial court now final arguments of this case is pending. The case is State v/s Avinash.

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Sarvesh Kumar Sharma Advocate (Expert) 24 August 2009
two letters!!!!!
if there is a hidden dought,then case has the benifit of dought.
and
u have full defence without dought.

Adinath@Avinash Patil (Expert) 24 August 2009
Appology letters help you defence but what about original FIR whether lady verifide,whther in your cross examination she denied Fir.Whether you reffered those letters those letters to her &whether she admits those letter.Only defence witness verified those letters is not sufficient for acquittal.

Kiran Kumar (Expert) 25 August 2009
i agree with Mr. Patil,

it has to be seen whether the authenticity of those letters was proved before the court, whether cross-examination was done for the said purpose.

in criminal law final conclusion can not be made merely on the basis of a single fact,, whole set of facts and circumstances have to be considered, and your query is more of fact based.

Guest (Expert) 01 September 2009
cheque the hand writing of the letters - whether it is signed or not, in what way (by reg. post or what) has it beeen sent - put the apropriate questions regarding it during the cross examinations - in cross examinations the questios to the effect in our favour to be put and even if she denies then also suggestions in our favours to be asked - also show the letters to her during cross examinations - after recroding the further statement of the witness u/s. 313 of crpc, produce these letters before the court with postal envelopes in which these letters have been posted - in criminal case even if we can create the reasonable doubt regarding the innocence of accused would bring the acquittal.

Guest (Expert) 01 September 2009

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