perjury

jps (Querist) 17 January 2016 This query is : Resolved
A person is convicted for an offence under Dp act . six months later he is again convicted under same Dp act. However on deciding the quantum of sentence, his counsel argues that he has never been earlier convicted under similar Dp act and the judge doesn't put any capital or other punishment however let's him go after admonition. The io is present, who incidentally was also io in previous conviction. How to proceed with this contempt of cout and perjury. What more sections can be applied .

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Devajyoti Barman (Expert) 17 January 2016
the information is too insufficient to say on the outcome of the case.

jps (Querist) 17 January 2016
Ld devajyoti Ji, its regarding 83/97 Dp Act

Advocate. Arunagiri (Expert) 17 January 2016
What is your concern on this issue? It is a small case, how you are connected with it.

jps (Querist) 18 January 2016
This is a nexus between the police and this encroacher against whom police refuse to take action. The action was initiated on my complaints.

Rajendra K Goyal (Expert) 18 January 2016
Whether accused has deposed that he was never convicted?

The lawyer of complainant / could have informed the court about actual position.

Dr J C Vashista (Expert) 19 January 2016
@jps,
1. You should come out with your original name and profile for proper opinion.
2. For Dp Act, which Act do you refer, presumably it is Delhi Police Act???
3. How you are concerned with the query?
4. Certain contradictory statements appear in your query, before streching the thread consequently compelling the experts to make a guess work and proceed as probability, please be sure which averment is correct.
5. The accused can be punished for each and every conviction irrespective of the fact that offence is being repeated and/or under same provision of law.
6. However, if the convict or his lawyer has misinformed the Court qua previous conviction & sentence, the quatum of punishment can be increased before it is handed down and pronounced.
7. What is your opinion?

jps (Querist) 21 January 2016
@ Dr J C Vashista, yes indeed its Delhi police act. The convict, the lawyer have misinformed the court qua previous conviction and sentence. What are the remedies available to prosecute him.