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viswanathan (asst., store manager)     27 August 2012

To plead guilty or not! 337 & 338

i have been charged under section 337 & 338 IPC.

the 2wheeler which i had possesed long time ago has been involved in an headon collition with another two wheeler. I had no records for the sale of the vehicle and the RTO records still has my name for the vehicle - police booked me as the accused and i got bail in the magistrate.

I have now traced the current owner of the vehicle and have got the photocopy of the RC book of the vehicle which carries the name and endorcement of the current owner. Also from the person i have got the copy of insurance for the vehicle and his driving licence.

As the case is in a different state i have difficulty in attending the case and language is a barrier for me to make myself clear to the advocate there.

Please advice on how to proceed. i have been given the copies from the court and am to appear 10 days from now.

Should i plead guilty and pay the fine which is what the advocate seems to keep nudging me into. OR should i hire another advocate to contest for my aquital. i am told that this will take a longer time.

OR is there another way around for getting myself absolved from this case!

As the case is in another state i have to take leave at office and also work at home is affected. i find this a bit uncomfortable to endure. I request your suggestion on this. 



Learning

 5 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     27 August 2012

1. Don't plead guilty - the tag of a convict would stick all your life and may hurt future prospects. 

2. Plead for an acquittal - it would certainly take longer than pleading guilty. 

2 Like

Biswajit Kumar Patra (Advocate)     27 August 2012

 

Dear Mr. Viswanathan,

You need not have to worry about the issue. It is great to hear that you have already got the copy of the documents viz. RC book of the vehicle which carries the name and endorsement of the current owner, copy of insurance for the vehicle and his driving license.

So you must fight the battle. instead of pleading guilty as Mr. Chugh has rightly suggested you that if you plead guilty for a crime which you have not committed at all then it will affect your future prospect, may be for your entire life. 

Further don’t worry about appearing in the court on each and every date. However there is a provision i.e. Section 205 of Cr.P.C. which provides that Magistrate may dispense with personal attendance of accused. Thus you can appear through your counsel unless otherwise necessary. 

Based on the above information provided by you I must suggest you to engage a good lawyer at the earliest and brief him properly enabling him to defend your case effectively.

 

Biswajit Kumar Patra

Advocate

(0)9910193233

1 Like

surjit singh (Assistant)     27 August 2012

I think you should first check the genuineness of the RC copy you have got, from the concerned DTO,Please also check with the police station at the time of accident who was driving the vehicle and whether the police has seized any document at that time. If the RC is genuine you should not worry about anything. If possible explain to the magistrate where you are suppose to appear, yourself. This is a small matter you should not linger on spending time and energy by filing application for dispensing appearance under S 205 Cr.P.C. You have also not stated any person was grievously injured in the accident.
1 Like

viswanathan (asst., store manager)     28 August 2012

Thanks for the reassurance pouring in from you all which i badly needed to face this matter.

I am unable to know the level of injury but from the papers given to me i understand that they (driver + his wife and a kid) have been taken by 108 ambulance for medical assistance.

The person who had driven the vehicle possessed by me earlier has head injury and is mentally unbalanced. He was taken by a private vehicle before the 108 ambulance could arrive. (so i am told.)


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