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Rohit (manager)     05 August 2011

Framing of charges

Can charges be framed against the accused for sections 328 & 323 even in the absence of any evidence of injury in the medical examination.

 

Can charges be framed only on the basis of the victims statement under section 161 & 164 CrPc and no other evidence to support the statement?



 3 Replies

THANKACHAN V P (Advocate & Notary)     05 August 2011

1.If the court finds that there is prima facie case ,charges can be framed even  without medical certificate.There need not be any visible injury under 328 and 323 IPC.

2.If you have a case that there is no materials to proceed with ,you can argue for  a discharge or bring it before the HC under 482

Pallavi (home maker)     06 August 2011

Rohit its matter of 376 ipc ,328 ipc and 323 ipc where victims statement is prime evidence  and other than this she might have further evidence .......All the best for the further proceedings .   

Rohit (manager)     07 August 2011

But pallavi madamji things is different in male and female case. here for male 376 not applying. No one will listen to male if he is hit and beaten. Thank you for wishes.


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