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TAMILAN INDIAN (nil)     19 November 2021

False case: : what can a defendant do if a criminal case on him is proved to be a false case?

Case filed under sec 294b ,506(2) on mr.x
Appellant named AAA as pw1. He said mr.x threatened him with weapon and
he will kill him in future.( no weapons seized)

Witness pw2&3 during cross accepted that are asked to given name address
by police and they will be called in future to court. They said they havent seen the defendant during the said incident. They only seen mr.x at police station when they conduct a enquiry.

Mahazar 4&5 said they haven't signed and they are not aware of such incident.

Investigation officer. While During cross he filed fir at 5pm and subsequently conducted enquiry.

But pw1 appellant said, IO enquiry conducted at 10.-11 am. Also such said Incident happened
at 8am. All enquiry finished before 11.30am. After 12 they left station. No further enquiry hapnned. Subsequently filed fir.

This case is preplanned, filed and to tarnish and to threaten mr.x for political motive.
Now in argument judge asked District additional PP to read cross well and come.
Also defendant Side proved as false case filed to damage the name in public.

Waiting for judgement.100% acquittal possible.
But for the damages what can mr.x can do???
1)Court time wasted.
2)Name damaged for falsecase sofar.
3) financial loss and time.

I humbly request all Experts your suggestion for this case. Thank you


Learning

 2 Replies

Anaita Vas   19 November 2021

It is to be noted that the defendant has not been acquitted. You have said it's a possibility.

However, if the case is proved to be false, you have three options:

  1. You can live life with no burden on your shoulder.
  2. You can sue for false claim under Section 209 of the Indian Penal Code.
  3. You can sue for false prosecution under Section Section 211 of the Indian Penal Code.

 

Regards,

Anaita Vas

1 Like

TAMILAN INDIAN (nil)     19 November 2021

Mistakenly typed as appellant.sorry.   Pw1 only the petitioner. 


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