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Ramakrishnan.V (Lawyer)     03 July 2009


Would anyone tell me of the judgement of the supreme court of India, if the cognisance is taken by the Magistrate in thesame PR Proceedings, if all the accused are acquitted in the splitup trial ordered if the one accused being absconding, then because others havebeen acquitted on the same facts and circumstances no charge  can be framed when the absconding accused is brought for trial


 6 Replies

PARTHA P BORBORA (advocate)     05 July 2009

the absconder must face trial as there is no such law in india even if the co-acccused are aquited. as there is no such law question of rulling in that subject does not arise at all.

Ramakrishnan.V (Lawyer)     06 July 2009

Sir,  The criminal trial has been over and the trial court has found that the tried accused have not committed any offence or the proof is not strong enough to convict the tried accused.  If this be the case so when a roving enquir about the credibility of the evidence all ready dealt by a trial court how the material would be strong enough to frame a charge for this accused too is the background of the query

1 Like

PARTHA P BORBORA (advocate)     06 July 2009

if thyere is no primafaci evidence agaist the absconder accused he may be dicharged at the time of framing of charge or if there is no evidence he may be aquited. but he must face the trial. it is a mendatory provision. so tell him to surrender and to face the trial. i hope he may be discharged ar aquited in the course of trial if there is no evidence available. so, good luck.

Dharmesh Manjeshwar (Advocate/Lawyer)     09 July 2009

Acquittal / Conviction depends on the credibility of the evidence brought on record before the trial court. To say blindly that since co-accused have been acquitted therefore there lies no prima facie evidence against the bsconder accused would in all probability will not be fair. The role played by the co-accused and the absconder accused also do play a vital role. So in my opinion this absconder accused has to face the trial.

Ramakrishnan.V (Lawyer)     11 July 2009


it is asked what is the total effect of the evidence that has been tested and resulted in acquittal of all rhe co accusedexcept this accused who was an abscoder.  This is a sessions case.  The cognisance of the offence was taken on the basis of the materials collected by the police who filed the charge sheet as per section 173 of the code of civil procedure.. The Public prosecutor who has to state what is the charge that is forwarded against this absconding accussed and with what material he would be proving the charge or with what evidence the guilt would be brought out.  It is stated it was not a simple acqutal based on benefit of doubt but a grand and honourable acquital.  In such a case the whole evidence has been tested by the court.  Even if the accused is brought before the court can he be discharged or should he face the whole trial.  Kindly understand and reply me my trusted and learned friends

Ramakrishnan.V (Lawyer)     11 July 2009

is the querry clear trusted and learnded friends

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