AS EXPERTS ARE NOT RESPONDING SO POSTING HERE FOR OPINIONS
Dear Learned Members,
Confused how to go about the situation.
BREIF:
The complainant submitted a plaint on 18Dec.2008 to SC/ST Commission, against the accused stating that on 15Dec.2008 the accused made unparliamentary remarks against the complainant in public (though there is no public witness as per the chargesheet). The place of incidence is a District Court where the complainant had come to oppose the bail application of the accused's son against whom the complainant had filed another FIR earlier in the same month. It is remarkable to mention that there were hearings on 15th, 16th and on 17th but an incidence which happened on 15th was reported only on 18th.
Based on this, the police filed an FIR in Jan.2009 and arrested the accused in Mar.2009. The accused applied and took regular bail next day. The chargesheet was filed in July2009. Since then, the complainant is not appearing on one or another ground. One witness is father who was along with with complainant on the date of "alleged" incidence. Sometime the complainant would come and the father woundn't come and other date father would come with an excuse for the complainant. Others are formal witnesses. The prosecution has failed to record evidence, of even single witness since two years. It has been two years now since P.E. was ordered in 2009 and even complainant has not completed Examination-in-chief.
The fact is, the alleged incidence never occured. It was a pressure tactics to pressurize the accused to succumb to the demands of the complainant. Also there was a pending case against the son of the accused which was filed by the same complainant.
QUERY:
1. Is there a possibility that the accused can get this case quashed before the Hon'ble High Court on the grounds of non-appearance of the complainant. Also the accused posses many other proofs which points fingers straight to the complainant?
2. If yes then what should be the strategy?
3. If not, then should the accused file an appeal in High Court, praying to expedite this case? Will such appeal help in expediting the case?
4. Major reason for non-recording of evidence is absence of the complainant and the father and ALSO the "Special PP" for this case also does not appear.
It has been over 15-20 dates in past 2yrs since when the Sessions Court is providing opportunities to the complainant and still they are not at all bothered. The issue is that the case which was filed by the complainant against the son of the accused is also going on in evidence stage. The CORE REASON for non-appearance of these witnesses is that their plaint is frivulous and concocted and they are worried that on conclusion of the case they wouldn't be able to pressurize the accused. ALSO the accused might file case of defamation against the complainant and of false implication. The complainant had also demanded money in liue of settling the cases but due to some reasons the settlement couldn't happen.
Also one important submission is that local police where the complainant used to resides had been involved in both the cases in helping the complainant. The accused posses voice recording of the police officer demanding money and threatening the accused in police station.
//peace
/Saurabh..V
