Ipc 279/338
lawuser
(Querist) 11 January 2013
This query is : Resolved
Suppose Person "A" compromises with Victim and Judge aquits him\her under IPC 338. Person "A" wants to come out of the case quickly. So he pleads guilty under IPC 279 and case closes and person "A" is convicted.
Now as per law there lies no appeal in any of the court due to guilt plea by the person. Person "A" wants to still file a petition at high court to set aside the order of conviction and discharge Person "A" based on the compromise between the parties or Quash FIR, Is it possible. If so what is the procedure and what are chances of Petition getting accepted and favourable judgement being passed?
ajay sethi
(Expert) 11 January 2013
we dont answer hypothetical queries
Rajeev Kumar
(Expert) 11 January 2013
Totally hypothetical query.
prabhakar singh
(Expert) 11 January 2013
Why should we suppose?and for what?
Guest
(Expert) 12 January 2013
There is no scope of Supposition in law. The question arises, how you are concerned with such an hypothetical case?
lawuser
(Querist) 14 January 2013
I am asking this because I am the one who have faced such scenario where a accident had occured with no fault of mine and I defended the case for around 2 years with no result. Since I am in a different city then the court, I had to compromise with victim and had to plead guilty to come out of 279. Since a compromise was effected 338 was compounded and I was left with warning to be careful in future. I was convicted of 279.
Even though order states I was explained by judge that pleading guilty will result in conviction and I may be punished, but nothing was explained to me. My cousel had suggested that I will be left with warning and that doesn't result in conviction.
Now after reading order I understood I have a conviction record against me and have to live with it throughout my life.
So I just wanted to know can I appeal in this scenario and the conviction record can be set aside by High court? If so what is the procedure.
Note: Recently I have seen that one of the judge in the same court is discharging people of 279 if a compromise is made under some section of CRPC. But it didn't happened to me.
Yudhish Padman S
(Expert) 14 January 2013
Dear lawuser,
You could only challenge the legality of your sentence vide S.375 of Cr.P.C. But what you are asking is to challenge the entire conviction in itself. This is presently impossible.
In your footnote, you had stated that people are discharged of 279 if compromise is made. This is also not possible. May be you got the facts wrong. It is possible that the complainant would have withdrawn the complaint or the accused would have succeeded in his discharge petition.
If you could tell us why you need an acquittal, then may be we could figure out a solution to solve that "why" problem directly.
Regards,
S. Yudhish Padman,
Advocate, Madras High Court.
[+91 9566217446]
lawuser
(Querist) 14 January 2013
Thanks for your response Mr Yudish.
I am not sure what impact conviction will have on my career and onsite travelling aspects.
Currently I am working in private organization, but if in future I have to try for some goverment jobs, will conviction under IPC 279 have any impact on that prospect. For e.g. if I try for banking jobs or civil services, am I still elligible.
I man need to travel onsite particularly US and UK and other european countries. Does this conviction have any impact on that? Will I be elligible to get international driving license.
Yudhish Padman S
(Expert) 14 January 2013
Dear lawuser,
Employers/Others look for criminal records only to check whether the candidates have been convicted for grave moral turpitude. Yours is not such case. You may be scrutinized for this conviction. But you won't be debarred merely on this ground alone. So need not worry.
Regards,
S. Yudhish Padman,
Advocate, Madras High Court.
[+91 9566217446]
Raj Kumar Makkad
(Expert) 14 January 2013
As this offence do not come within the ambit of moral turpitude, you shall not face any problem in getting your passport or any Govt. job throughout your life on the basis of mentioned case result/conviction.
lawuser
(Querist) 15 January 2013
Thanks all for replying and resolving my query.
