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Sing   21 December 2021

eye witnesses

I filled a criminal case against a person who involved in forgery fabricated documents, my relatives were eye witness of this case. but my eye witness did a blunder mistake as they involved with other persons and gave special power Attorney cum sale deed and registered to other party..

now my query is what will be the status of case will it be benifit for accussed?

can court dismiss case since my eyewitness are not even bothered of this criminal case?

pls advise your valuable suggestions.

thank you in advance.


Learning

 4 Replies

Dr J C Vashista (Advocate)     22 December 2021

Your lawyer is the only and best person to oblige.

G.L.N. Prasad (Retired employee.)     22 December 2021

If you are confident that the transaction is tainted with fraud involving forgery/fabrication, challenge it both in civil and criminal matters, and as advised by Dr. JC Vashista your lawyer is most competent as there are other means to establish fabrication and forgery through expert opinion and to linked transactions.

P. Venu (Advocate)     22 December 2021

You have posted more fiction than facts. Please the simple facts if there is any real issue.

Aryan Raj   22 December 2021

In response to your query,

Whoever makes any fake document or incorrect electronic record or part of a document with the intent to cause damage or injury to the public or to any person, or to support any claim or title, or to cause any person to share with property, or to enter into any express or implied contract, or with the intention to commit fraud or that fraud may be accomplished, commits forgery, as defined by Section 463 of the Indian Penal Code.

Just because you are short of witness doesn't mean that you don't have a strong case. If you believe that there is an actual crime committed I suggest you to take a stand and consult a legal professional and move forward with. 

Yes the accused will have advantages because of lack eye witnesses there are many more aspects to a case than just witnesses and if can make some reasonable arguments then I don't think your case will be dismissed.

Regards,

Aryan Raj 


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