Legal openion on aquittal in criminal case
C.NOWSHAD
(Querist) 12 June 2016
This query is : Resolved
Sir/Madam,
'X' a govt servant got acquittal from a case under sec.294(b), 323 and 324 IPC by the trial court (JMFC). now he has to get a legal openion whether the judgement is fit for appeal or not fit to submit in her departement.
my question is whether to get the legal openion from the trial court Asst.Public Prosecutor or from the Appellate Court Public Prosecutor..?. what law says..? which is appropriate..?
Devajyoti Barman
(Expert) 12 June 2016
Meet a skilled lawyer to get the opinion.
If the govt is mulling over to refer an appeal then opinion of the PP or LR is mandatory.
Rajendra K Goyal
(Expert) 13 June 2016
He should avoid legal opinion from PP etc. They may not oblige.
After appeal time is over use RTI to get information whether any appeal has been filed in the case or not.
P. Venu
(Expert) 13 June 2016
How you are related to the matter? Anyhow, the accused has no onus in ascertaining the appealability of his acquittal.
It also appears that the queriest is not fully honest with the facts.