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traffic accident

Querist : Anonymous (Querist) 04 March 2011 This query is : Resolved 
There was an accident between a car and bike where i was driving the car. The biker got "Simple" injuries on hand and asked me to leave the place of accident as it was a minor matter. He might have been drunk also, as had been suggested by the crowd that gathered. But I was scared of him as I was with my 3 yr old sons alone and did not want to get into a hassle.

He turned out to be a lawyer who later called police and filed a case under section 279 and 337.

In the first hearing the judge told me that i was negligent as I was driving with my 3 yr old kids alone, (they have no eye witness and no proof- as neither vehicles had any major signs of accident), and it is a negligence like talking on phone. If convicted I will loose my government job and will not be allowed to apply for US Visa and so I must compromise with the victim who had band-aid scratches on knuckles.
I feel that the whole case was an intentional setup by the lawyer to make quick money but I am now deeply troubled as I will get convicted in criminal case for no fault and may loose my job.

The judge also said that if i do not compromise and pay the "victim" upto Rs 5000 in a judicial compromise, i could face 2 yr imprisonment and/or fine upto Rs ten thousand.

Kindly help.
kindly advise
Ajay Bansal (Expert) 04 March 2011
Don't worry.Fight the case.Even you are held guilty still you will have to punish only on tune of some fine,not any imprisonment.Beside this as 'Moral Terpitude' does not involve in this case,so there can not be any harm to you in respect of your Goverment job in any manner. Even nobody can stop you from going US etc.


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