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Ipc 338 accident case and imprisonment

Querist : Anonymous (Querist) 06 November 2021 This query is : Resolved 
My brother is booked under IPC 338 in an accident case. Chargesheet is filed and case is still in appearance stage in court.
The complainant doesn't want to settle and filed an MVOP case for 90 Lakhs compensation and it is still in NOTICE stage in court.

Accident:
My brother was driving a car and accidentally hit a person from the back where the person got multiple fractures.

Our advocate suggested to FACE THE TRIAL.

My questions are
1. Is there any chances of going to jail if convicted during trial?
2. what can be the maximum punishment given to my brother considering the circumstances?
3. what can be done to avoid jail term if he is convicted during trial?
4. My brother is student persuing degree, he holds valid driving license, RC, Insurance and he even took the injured to hospital and paid 3k for first aid.
5. If he is sentenced to jail, his career will be destroyed. what can be done to get out this situation.

we can neither afford to give compensation nor can go to jail. we belong to middle class family.
Please help us and guide to the right path.
Dr J C Vashista (Expert) 06 November 2021
@ Mr. /Ms Anonymous,
It is not your personal case even then answer to your questions are supposed to be sorted out by the lawyer engaged / paid by you who is well aware about facts of the case, an able, competent and intelligent to satisfy all the questions posed by accused or his family including yourself.
However answer to your queries is:
Is there any chances of going to jail if convicted during trial?
On being convicted there are 100% chances.

2. what can be the maximum punishment given to my brother considering the circumstances?
It depends upon evidences of the prosecution and other factors, which cannot be presumed.

3. what can be done to avoid jail term if he is convicted during trial?
Since the victim / complainant is unwilling the accused may plead guilty, if advised by his counsel.

4. My brother is student persuing degree, he holds valid driving license, RC, Insurance and he even took the injured to hospital and paid 3k for first aid.
It may avoid / minimize compensation amount in claim petition which is altogether different case to present (criminal case u/s 338 IPC)

5. If he is sentenced to jail, his career will be destroyed. what can be done to get out this situation.
Cannot avoid.
Advocate Bhartesh goyal (Expert) 07 November 2021
Don't afraid contest the case strongly.


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