IPC 307

Ganesh (Querist) 07 December 2009 This query is : Resolved
A person accused under 307 IPC. During the Trial if

(i) The victim/complainant witdraws the complaint
(ii) The victim/complainant does not appear in the court

what will be the status of the case?
will the accused be acquitted in above cases?

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N RAMESH. (Expert) 07 December 2009
(1) During trial, complaint can not be withdrawn. It is not compoundable also.

(2) The complainant, as a witness has to appear necessarily. Even in the absence of complainant, trial will go on with other witnesses.

Acquittal or conviction will be based on the other material.

Though it is not advisable, I can say that, if the matter is settled, then complainant can be requested to become hostile witness.

prakash vathore (Expert) 07 December 2009
i agree with mr. n ramesh,
but i recollect that our bombay high court has passed the rulling that even in non compoundable offence the victim can withdraw the complaint, sorry i dont have that rulling other wise i could have sent that, but that rulling is recent one.