Io declined appearing in court

Ankit (Querist) 22 February 2017 This query is : Resolved
In case of 504, 323 IPC, all witnesses has been done in the court. IO declined appearing in the court on summon from court. Court didn't warrant him. Other police officer witnessed in the court and he said he can identify IO signature but can't say anything about the content of the charge-sheet.
Court has considered witnesses as complete.

So, on the basis of rest of witnesses will accused be acquitted or sentenced?

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Guest (Expert) 22 February 2017
Judgement can not be Predicted."Consent of Court" Could decide any thing.

Adv. Yogen Kakade (Expert) 23 February 2017
to identify the signature of the IO, the IO himself has to remain present before the court.. did your lawyer took objection for some other person appearing for such identification on behalf.
The conviction or acquittal can not be predicted and neither it is based merely on the identification of the signature of the IO.

Ankit (Querist) 23 February 2017
Our advocate has objected for other person appearing for such identification on behalf.

Charge sheet and investigation report submitted by IO were in our favor and we wanted to cross examine IO to prove our innocence but judge called other police officer for signature verification which we objected to, IO was just sent summon and not even warrant were sent.

Now judge has closed evidence and given date for 313 CRPC

Sudhir Kumar, Advocate (Expert) 23 February 2017
give full facts.

Rajendra K Goyal (Expert) 23 February 2017
The judge has allowed another officer in place of IO.
The same can be challenged.

You have a good case to appeal in case of any adverse judgement.

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