Querist :
Anonymous
(Querist) 08 October 2010
This query is : Resolved
sir, I am a victim of a criminal case and the occurance witness.I was abroad when the case was posted for evidence.The offence is one u/s 341,323,434 of IPC. As I was abroad the summons was not sent to me. As there is no occurance witness the evidence was closed and the accused were acquitted. I came to know about this when I came back to India .4 months passed after the judgment. Is there any remedy available to me to re-open this case.
bhupender sharma
(Expert) 08 October 2010
u may file an appeal against acquital by making the averment that when the summons to the witness/ injured were issued he was abroad out of India and annex the copy of passport and file an appeal. The appelate court all the power to remand back the matter for consideration and for retrial of the same.
Devajyoti Barman
(Expert) 08 October 2010
You can file Revision before the High Court and try to convince the court that closure of your evidence was instrumental behind his acquittal. If the court thinks fit, it can send it in remand.
s.subramanian
(Expert) 09 October 2010
You can file an appeal against aquittal. Do it immediately.
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