sagar (na) 09 September 2011

Traped in witness (ipc 420,468)

One of my friend was witness for power of attorney document of a property owned by person A. Power of attorney is given to person B. Person B sold property to person C.

Now the person A is saying that he has not signed power of attorney and filed FIR against my friend (IPC 420, IPC 468). The case is in court, sample of person A's signatures were sent to forensic expert(signature verification department) for verification. As per report provided by forensic expert (signature verification department) the signature sample of person A is not matching with signature present on power of attorney document. Also the person B has turn hostile and saying that under the pressure of Person C and my friend he has made false power of attorney.

Now what are chances of my friend's survivor. In case the lower case given decision against my friend, is it possible to appeal in higher court? The case was in lower court for almost 3-4 year now. How long it will take in higher court? Which is the best strategy to get out of these mess.

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6 Replies

adv. rajeev ( rajoo ) (practicing advocate) 10 September 2011

If it is found that PA is fake, aggreived person may initiate criminal proceedings. If the suit is dismissed in lower court you can approach the appeal court. It may take time

sagar (na) 10 September 2011

Thanks for quick reply.

The person A (original owner of property) has already filed criminal proceeding under section IPC 420 and 468.

If lower court givers verdict against my friend. do they immediately arrest him to put behind bar? OR do we get time to appeal in higher court?

is it possible to certify PA fake if the signature of person A does not match with the signature on PA?

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Jatin Sapra 9312223345,Delhi (Advocate) 10 September 2011

Hi, After going through your details.You can challange order of conviction in appeal but trial is very important and all witnessess need to be cross examined throughly only then you get chance in Appeal either in Sessions or High Court.

If conviction is less then 3 years you can get bail for a month from same court outherwise will be send behind the bars and have to seek bail from appellant court.

Regards:

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Pushpendr Sharma (Advocate) 10 September 2011

This is criminal proceddings and as the person B has turned hostile the case is very much against to your friend. But if we are able to prove in the cross examination of B that he is telling lie than the case will be in our favour. But if this dosen't happen and the lower court decides the against us and convict us we can certainly file appeal for settinf aside the judgement.

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amit (advocate) 14 September 2011

in this matter your friend have to prove that he did not avail any gain from that transaction and B had avail gain from the property and now with A he is traping C and your friend for their wrongful motives and your friend can also go for central forencic lab test of said forge attorney.

Naga Balaji (Law Student.) 17 October 2011

Expert Evidence is just a hear say evidence. The court will give a very less importance to the expert witness. But when the witness or any person in the document says that it is forged. Then case becomes very difficult.

in such conditions both the expert evidence together with version of witness in documents eill be importance to decide the conviction.

It is really hard to punish for forgery that it is thought conventionally.

Even i tried to prove a forgery case that was comitted by my opponent. But i was just able to win in the civil suit

But i had not succeded in convicting the one who forged the document.

It is very hard to prove forgery commited by a person just basing upon the expert winess..