can court convict a person without giving any finding about another person mentioned in FIR
Querist :
Anonymous
(Querist) 12 October 2010
This query is : Resolved
a person has been showned by name as an accused along with two coaccused,role of said person is same of one of the accused, complainant has mentined name of said person in FIR but has not made accused, never made any application to any authority to made said person as an accused even role or allegation against the said person are same like other accused, police has filed challan without mentioning any thing about said person, neither made said person as an accused or witness, no investigation of any type about said person, at charge stage, three accused was discharged, charged was framed against one accused but no charge against said person, witnesses on oath has stated on oath mentioned his name as an accused, no application filed u/s 319 Cr.P.C. to include said person as an accused. can a court convict another accused without giving any finding or a single word about said person who still present in case even case was decided?
aman kumar
(Expert) 12 October 2010
if there is not made accused& police also not mention his name than court cant give punishment under as above conditions cited
