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Raghav (TL)     19 December 2015

Appeal against 498a conviction

Hi, I got convicted in 498a for 3 years, DP act section 3 for 3 years and DP act section4 for 1 year. Both my parents were acquitted. Immediately after coming out of court, my wife challenged me that she was going to appeal against my parents acquittal and also for increasing my sentence in DP section 3 & 4. I want to fight it out till the supreme court. But my lawyer is telling me that as per sec 374 of CrPC, sessions court is my last hope and cannot even go to high court after that. He is telling me that I should give as much money as my wife wants and settle the matter here as after order in sessions court nothing can be done. Is it true? Please advice. Is sessions court really my last chance. What if sessions court increases my sentence and convicts my parents as per my wife's appeal. Can sessions court do that. Will I have no opportunity to go to high court for justice. Please advice


 15 Replies

pradeep gupta (lawar)     19 December 2015

Sessions court is not your last chance you have go to high court for justice

AS   19 December 2015

Sorry to hear that you got convicted in false case.

Dont give up, You can definetely go to Session court if lower court convicted you and then to high and then to supreme court too of required (although i am sure you will get aquittal in session court itself)

If session convicted you then move to high court .

Dont give up and dont worry.

You can PM me Raghav  and share your number . I can try my best to help you as a friend ..

AS   19 December 2015

And ya your lawyer is corrupted thats reason of your conviction.

Dont  worry nothing will  happen to your parents they will not get convicted.

md riyaz   19 December 2015

u 1st get stay order for lower court conviction. then go sessions court

Raghav (TL)     19 December 2015

Hi Pradeep, can you please give the section number or the provision. because from my reading of sec 374 too, it seems that I can go to high court only if the sentence is more than 7 years and mine is not. Please help.

SAINATH DEVALLA (LEGAL CONSULTANT)     20 December 2015

Mr AS, UR suggestion does not add value to the querists case,because U R not aware of the true facts for the conviction.

Dear Querist,

U have failed to defend URself with merits and prove the allegations false and hence convicted.

Immediatly appeal in the sessions court and according to my knowledge it may be admitted.U have a chance to go right upto the SC for justice if U R innocent.

 

Raghav (TL)     20 December 2015

Pradeep, Sainath, I too strongly believe I should be able to go to Supreme Court too but the section 474 of CrPc which my lawyer is showing me clearly says I can go to high Court only if the sentence is more than 7 years which in my case is not. I am sure there has to be a provision for me to go high court in some other section which i am not able to find. Experts please provide the sectionor provision number so that I can throw it at my lawyers face and ask him how much he took frommy wife. Just saying that this is not my last chance is not helping me. I need the section no. or provision desperately. Because if this really is my last chance then i dont want to take a chance. Please Help.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     21 December 2015

You can appeal in Session Court first then HC.

Raghav (TL)     21 December 2015

Legal experts, please provide the section no. or provision if any. Please let me know if my understanding of 474 is wrong. Am i missing something here. I know my lawyer is hiding this info from me and is pressurizing me. I just want to know how. Can i file special leave petition for high court also

dowry victim (housewife)     22 December 2015

He he he.... ROFL...

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     22 December 2015

In this case your appellate court is session court. You should file appeal there.

Also you can file revision petition in HC U/S 401 CrPC read with 482.

You can call for record U/S 397 CrPC.

You can file Special Leave Petition in Supreme Court also directly now Under Article 136 of Indian Constitution.

 

The Constitution of India under Article 136 vests the Supreme Court of India with a special power to grant special leave, to appeal against any judgment or order or decree in any matter or cause, passed or made by any Court/tribunal in the territory of India.

 

This is special power, bestowed upon the Supreme Court of India which is the Apex Court of the country, to grant leave to appeal against any judgment in case any substantial constitutional question of law is involved, or gross injustice has been done.

 

"Special leave Petion” or SLP hold a prime place in the Indian judicial system. It provides the aggrieved party a special permission to be heard in Apex court in appeal against any judgment or order of any Court/tribunal in the territory of India.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     22 December 2015

Also you can file criminal writ in HC for supervisory proceedings in HC.  Sample petition is there in my profile links.


(Guest)

Also you can file criminal writ in HC for supervisory proceedings in HC.  Sample petition is there in my profile links.

Rocky that means again the same proceedings will happen like chief cross of witnesses? then they can make more different stories. how to counter attack. if they come up with new stories. 

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     23 December 2015

Aaree yaar!

 

If they submits contradictory statements and new stories (contradicts with 498A plaintiff, PWs other petitions like maintenance, divorce, RCR etc.) that increases merits of your case.

 

Dear Friends,

 

Please read all submissions of complainants again-an-again and jot down all contradictory points first. Then cross them strongly. 


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