Justice delayed is justice denied
arunkumark
(Querist) 23 February 2016
This query is : Resolved
Assault case came up for hearing after a gap of 15 yrs.(ipc 326/324/504 etc state case.)four of the prosecution witness are dead and io is retired and not traceable also medical officer from govt hospital is also not traceable.Only the complainant and his wife is there to support the prosecution case.The complainant in his cross examination made some mistakes.He said that he was unconscious for 12 hours till 8 th august 2001 and after that his statement was recorded.But the statement date is 7 th august 2001 and it is also endorsed by mo that the pw1 was conscious at the time of his statement.He also says that there were 20/30 people present at the time of assault by iron rod 2 ft long on his head. The injury certificate mentions wound size 1x1x1 cm and not mentioned as grievous injury.He also said i was hit by iron rod which is 2 to 2.5 ft long from the distance of 2 ft. Technically it is not possible to hit on head from distance of 2 ft with 2 ft long rod.our hand itself is 2 ft long.He also said he was discharged from hospital on 9 th aug but the certificate shows date of discharge as 10 th aug.The pp on behalf of the state can say that this is the improvement of the prosecution story? or it gives advantage to the defence lawyer.I think it is very difficult to prove 326 ipc beyond reasonable doubt for the trial court.The prosecution witnesses mentioned in the fir also not supporting the prosecution story and one of them is already dead.Only hope of trial court judge using his discretionary power to punish the culprit.Please advise .
Santosh Goswami,Advocate
(Expert) 23 February 2016
Discretionary power is not used to punish the accused. The allegation has to be proved beyond reasonable doubt and going by your query, it does not seem like. The case will end most probably with acquittal.
arunkumark
(Querist) 23 February 2016
Thanks for the disappointing reply Sir,
If the culprit is acquitted because of the 15 yrs delay affecting the total prosecution case then state may not go into appeal also.That means justice delayed is justice denied.
Guest
(Expert) 23 February 2016
Ms. Anupama,
By the ay from which side you are fighting the case, as you are also doing law practice, as per your profile. If not representing the case, in what way you are concrned with the case?
arunkumark
(Querist) 24 February 2016
Thank you so much Dhingra Sir for showing interest.The victim in the said case is my close relative so i am just following it up with the Prosecuter.But it seems the prosecution case is already spoiled because of the long time lapse of 15 yrs.I am practicing in the labor court.This being a state case i can not interfere.
arunkumark
(Querist) 24 February 2016
I need some more opinion from the experts please.
arunkumark
(Querist) 24 February 2016
my query is still open for the experts
Guest
(Expert) 24 February 2016
Ms. Anupama,
When you admit, "this being a state case i can not interfere," what will you do with the advice of the experts. Evidently, the state lawyer is not obliged to relish your advice.
If the prosecution has not taken any interest and preferred to sleep for the last 15 years, nobody else can help to sustain the charge. The question arises, why and what for the judge can be expected to use his own discretion when the prosecution has proved to be so callous and careless?
arunkumark
(Querist) 25 February 2016
Dhingra Sir,
The case is still pending and prosecution is trying hard to get more witnesses and spot panchnama,arrest panch,weapon recovery panchnama etc is still remaining.I am trying to make decision to compromise and get some compensation from the accused.The accused lawyer is after that to wrap up the matter very fast as the accused is not in sound health and 65 yrs old and has got no other criminal record.the accused wants to go abroad for treatment and will settle there only.
Guest
(Expert) 25 February 2016
When everything, including the evidence and circumstance is in favour of the accused, you can neither expect any discretion to be used by the judge nor any compromise to extract any compensation.
Only evidence in favour of the complainant can help you get any compensation.
