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shivam kools (-)     18 January 2014

regarding an accident case

i had an accident (my car with a bike at noon) case against me under sec. 279 & 338 IPC for last 3yrs. Few days back all prosecution witnesses statements got over. In last date, instead of my statement, some questions were asked to me for which my lawyer advised me to answer in one word i.e 'GALAT HAI' (not true) or 'MALUM NAHI' (I don't know) for every question (subsequently, somebody told that it was perhaps examination under sec. 313 CrPC) . Thereafter i was asked to wait and my lawyer and magistrate had some discussion for 5mins and the case finally decided convicting me and fined Rs.1000 in each section and jail for 1 day. My statement was not even heard/ recorded even though, I had reasonable arguements showing that the accident as explained to have been occured by the witnesses is not at all possible and also witness could be reasonably presumed to be fabricated.

I am not satisfied and also have apprehension that the opponent may also go in appeal to get my sentence increased, whereas, as per records, no explanation/ statement from my side is officialy available.

Please advice what remedies are available to me.



 1 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     19 January 2014

Dear,

If the judge has passed the punishment, he must be more cautious of the fact that the prosecution could go in appeal, so better not to worry and see on what bases the judge had passed an order. Get the judgement/order passed then see what the judge had recorded.

Advocate Kapil Chandna

9911218741


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