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yogita (student)     05 June 2009

Evidence related

If there is a guilt-plea by an accused but,

Neither the plea recorded by the magistrate is in the language know to the accused nor there is any affidavit. If it is just based on a simple application in the language not known to the accused, is it a valid evidence in the other related case? It appears that the state-police forced the accused to plead guilty so that they could get benifit in the other related cases etc and also the accused being an outsider would like to get out of the criminal case and avoid lengthy legal proceedings, expenses etc.



Learning

 3 Replies

manu (advocate)     07 June 2009

 

if the plea recorded by the magistrate remains unchallenged certainly certainly it becomes valid evidence in other cases and it is valid till the disposal of the appeal preferred by u in the higher court. when appeal is pending against that order if the copy of the said order is used in other cases u can bring it to the notice of the court that the order has been stayed by the appellate court or the appeal is pending and so that u can avoid that order being used as evidence in other cases.
so prefer an appeal against the order passed on recording the plea and get it stayed immediately.
 

manu (advocate)     07 June 2009

 if it is not recorded in the language not known to accused u can prefer an appeal against the conviction order passed by the magistrate. it would be the good ground for u to prefer an appeal and to win the case. but it is the discretion of the sessions judge to remand the matter to the lower court for fresh trial or enquiry and once again trial has to take place before the same magistrate against whose order u preferred an appeal to the court of sessions.

if the plea recorded by the magistrate remains unchallenged certainly certainly it becomes valid evidence in other cases and it is valid till the disposal of the appeal preferred by u in the higher court. when appeal is pending against that order if the copy of the said order is used in other cases u can bring it to the notice of the court that the order has been stayed by the appellate court or the appeal is pending and so that u can avoid that order being used as evidence in other cases.

so prefer an appeal against the order passed on recording the plea and get it stayed immediately

yogita (student)     07 June 2009

Thanks for the Re.

One of the problem in this cases as i mentioned before: the accused got away with a small fine few hundred rupees and he is not interested in contesting the case against him or appeal... He is willing to give a deposition about the actual facts and how he was dragged in the matter, in the other court where the other related matter is being contested now. But certainly he does not want to restart a fresh legal case or appeal. Will it be considered valid evidence?

State-police has played very-well by involving a weak guy to make a strong evidence. But I think they will not be successful.


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