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(Guest)

How to prove ?

In a isolated place

car A is travelling to wards West at normal speed.

and in another car B is travelling towards East.

a small boy aged about 3 years is walking on the road on the B's car side. Car is comming fast at about 50 - 60 kmph.

person X saw from the oppsite lane thought B's car may hit the boy. Immediatly X crossed the road and ran to save the boy. But B uncontrolled speed and didn't hit the boy but hit person X.That X person died on the spot.

Police filed a case on A and B. argued that A's car hit X and that X fall down before his car.

B

A doesn't have any evidence. Even there were no hitting marks of A's car.

How A can prove that he is innocent?

Judgement delivered in favour of B

 

.



Learning

 7 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     03 December 2009

judgment has already been delievered in favour of B then there is no scope to argue in favour of A, however, he could have made a representation to the higher police officers immediately on filing the FIR to rebut it and he should have demanded an impartial enquiry and should have got FIR quashed against him. He would have taken the help of expert in his evidence which might have shown that no accidental arks are visible on his car etc. etc.


(Guest)

AS per Sathya Prakash JI mentioned clearly there were no hitting marks of A car. How can police filed case against A and what type of reports can prove that B is innocent? Under what basis Judge concedered that B is innocent? The case can be apple in Higher court again. It is common Police can do lot of mistakes to mislead the case.  

Feroz M Shafeeque (Police Officer)     04 December 2009

If there is no expert evidence, the court might have relied upon the testimonials of witnesses in favour of B.

 

It is said that the place of occurrance is isolated. Is there any other witnesses other than the 3 year old boy (may be his parents or relatives)?

 

If A is convicted in judgement, the chances are high for appellate court to revoke the conviction.


(Guest)

Only 3 years old boy, A and B, X died on the spot are present at the site.


(Guest)
It is like this Sathya Prakash Ji, If a common man files a complaint Police / Courts wants evidences, witnesses to take action agaist the rich and mighty crooks. Where as if a rich person just give a complaint against a poor man he is arrested, tortured even though there are no evidences, witnesses. Why this double standard of Justice?

Feroz M Shafeeque (Police Officer)     05 December 2009

I think Prakash ji mentioned that both A and B were charge sheeted by the police.

 

By going through the judgement only, it will be clear as how the court arrived at the decision.


(Guest)

In this case the well educated and well respected Judge is a 100% corrupt Judge. In Sathya Prakash ji's question it self there is a answer. 

Even any uneducated person can give this very easy and sencitive Judgement in favour of A.  With out looking any type of documents.

Thanks.

 


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