Two persons acquited by session court and now i want to get them punished in high court
Anonymous
(Querist) 16 March 2015
This query is : Resolved
two persons which was named directly in fir was acquited on basis of affidavits by some persons that they were with them at the time of incident what should i do regarding this ?
Devajyoti Barman
(Expert) 16 March 2015
prefer appeal against the decision of acquittal.
Anonymous
(Querist) 16 March 2015
In appeal what should i do against the fact that some persons gives affidavit in favour of both of them about not present at the place of crime Is there any law authority of Supreme Court regarding this?
Dr J C Vashista
(Expert) 17 March 2015
@ Gurvinder,
What is the background of the case? How, why, when and where the affidavit was tendered and how did the Sessions Court accepted the version of the person deposing? In criminal jurisprudence there is no provision of deposition of witness(es) by way of affidavit. I do not find authenticity of the information.
Devajyoti Barman
(Expert) 17 March 2015
Drafting for memorandum of appeal is not a child's play that we will state here what to mention.
You need a skilled lawyer who on perusing all the connected papers to draft the same.
SAINATH DEVALLA
(Expert) 17 March 2015
No Judge will acquit just basing on an affidavit filed by witness.It may be possible in movies.Hence there is some variation in presenting the query.If U can come out with the actual facts,U may get proper guidance, or else better consult a seasoned lawyer in UR place.
Rajendra K Goyal
(Expert) 17 March 2015
You can go for appeal against the orders if aggrieved.
ajay sethi
(Expert) 17 March 2015
contact a local lawyer and file appeal against order
malipeddi jaggarao
(Expert) 18 March 2015
Unless the entire file is seen no expert can give you proper guidance. Hence Contact your lawyer who represented your case. If you are not satisfied, take the file from and contact another expert.
T. Kalaiselvan, Advocate
(Expert) 18 March 2015
If aggrieved by the sessions courts judgement acquitting the accused, you may prefer an appeal with the help of a local lawyer.