Framing of charge

Querist : Anonymous (Querist) 17 December 2010 This query is : Resolved
An accused was charged with offense having been committed against one person but on the basis of evidence he has been convicted for offense against another person. Can acquittal be set aside on this ground?

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Khaleel Ahmed Mohammed (Expert) 17 December 2010
yes

Advocate. Arunagiri (Expert) 17 December 2010
Yes.

The evidence has to be against this accused and the witness has to be cross examined by this accused. Without this he can not be convicted.

PALNITKAR V.V. (Expert) 18 December 2010
If the accused does not get opportunity to defend himself with the help of cross examination, the conviction has to be set aside.But if he has taken opportunity to cross examination and has undergone full trial, he can not claim any prejudice

s.subramanian (Expert) 18 December 2010
Such conviction is not merely improper but also groslly illegal. No court can grnat such a conviction,even if proved, without altering the charge. Charge cannot also be altered since the matrial on record will not enable the court to do it.

Kirti Kar Tripathi (Expert) 18 December 2010
yes, agree with experts.

Arun Kumar Bhagat (Expert) 26 December 2010
Charge should have been altered but when it is not altered the accused should be acquitted.

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