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Dr J C Vashista (Lawyer)     16 October 2021

How and why the case was disposed ?

Consult your lawyer who is well aware about facts of the case.

Ananya Gosain   16 October 2021

One can file a motion for a new trial asking for a new trial to be granted, based on errors committed by the judge during the trial. Judges often loathe granting new trials in criminal cases. When they do, it is almost always on the grounds of correcting some error or inequity that transpired during the original court case.

The commonest reasons for granting a new trial include:

  • The emergence of new and previously undiscoverable evidence that bears directly and favorably on the defendant’s case. 
  • Judicial error. The courts may also grant you a new trial if your attorney can demonstrate that harmful and prejudicial blunders during the original proceeding substantially encroached upon your rights or adversely affected the outcome. 
  • Gross and prejudicial misconduct on the part of prosecutor or jury. 
  • Missing trial records or transcriptts. 
  • Incompetent defense. If the bungling efforts of an ineffective defense attorney have unfairly influenced the outcome of your original proceeding, you may have legitimate grounds for a new trial. 
  • Insufficient, conflicting or erroneously admitted evidence. 
  • Perjury. If you can prove that one or more of the prosecution’s original witnesses lied under oath, the courts may grant you a new trial.

In case a decree is passed by a lower court and the limitation time for an appeal has not expired, one can also file an appeal in the higher court. an appeal will always transition to a higher court, a new trial will take place in the same court as the original. Perhaps while a simple appeal will not allow for the submission of any evidence other than that already introduced, a new trial does make this possible.

Regards

P. Venu (Advocate)     16 October 2021

Why don't you post the facts?


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