Legal Question in Criminal Law in India

criminal law
can i succeed in an appeal if a prime witness is not examined and the siuation is that the accused has not been identified by anyone. the accused has been setenced 1yr imp. for rash and negliget driving, 3 months for causing grevious hurt, 1 yr. under the motor vehicle Act , all the punishment run concurrently. A fine of rs 2.5 lacs has also been imposed. kindly note that the offence proved is not included in the the offence charged. The charge was u/s 304 IPC i.e. Culpable homicide not amounting to murder.

Asked on 5/25/07, 3:13 pm

5 Answers from Attorneys

Sachin Sangare Private Practise

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Re: criminal law

I presume the matter is in Appeal. The Sucess depends on your Appeal. Let the appeal be adjudicated.

Answered on 5/25/07, 11:33 pm

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Shrichand Nahar S.V.Nahar, Advocate

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Re: criminal law

Non examination of one of the prime witnesses may not affect case of the prosecution. One need to examine and assess over all case and somethings here and there. Without evaluating evidence adduced and reasoning/findings of trial court, it is very difficult to assess merits of the case. However, one thing appears very clearly on the face of sentence and fine awarded by trial court viz. the matter is either very serious or very widely publicised. Both the things affect you adversely and you need to counter the same with proper & rational stratergy.

Answered on 5/26/07, 3:27 am

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Vinay Mathur Vinay Mathur & Associates

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Re: criminal law

You have a good case. In the accident cases when there is no-eye-witness then you have a good case. In appeal you have good chances of success

Answered on 5/26/07, 4:28 am

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