IPC 326/506
arunkumark
(Querist) 04 July 2011
This query is : Resolved
In a state case of 2001 the charge is 326/506 etc.The charge framing is not yet done.But after a gap of 10 years the pp has submitted the medical certificate of a government hospital for one of the witness who was also hurt alongwith the complainant.The complainant and this witness are close relatives and this witness is a criminal lawyer in the same court and that is why he is playing all these delaying tactics only to harass the accused who is also a close relative of the complainant.The criminal lawyer is aware that the case is very very weak.There are no other witnesses other than the family members.He also moved an application under crpc 216 for alteration of charges from 326 to 307 after agap of 10 years.My querry is whether the medical certificate submitted after a gap of 10 years and not while sending the chargesheet to the jmfc court is admissable and what weightage/value it has in the proceedings.Is it that the court will not accept it?
Criminal experts please reply my querry as early as possible.
Ajay Bansal
(Expert) 04 July 2011
Charge will be framed as law on charge is in favour of prosecution in toto.
dev kapoor
(Expert) 06 July 2011
It is hard to believe.Ten years & Charge is yet to be framed.Matter must be brought to the notice of the HC.
Law regarding charge is suitable balanced.There are many cases of Discharge coming up.But in your case it appears there is ground to proceed,so charge will be(ought to have been)framed.This is one of the worst example against the constitutional mandate of SPEEDY TRIAL & A MATTER OF SHAME.
