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Addition of charge during appeal stage
14-Feb-2025 (In Criminal Law)
My brother convicted in 354 and posco 7/8 for 4 years by session court .there was no allegations of rape in 161 statement not in 164 statement not in prosecution witness time but suddenly after conviction victim saying rape was also done in appeal .is there possibility of adding rape charge .no allegations of rape in first nor in 164 statement not in entire proceedings of trial.
yes there is possibility in appeal u/s 216 of crpc because the appeal must have been filed against the judgememt of the conviction and whole arguement will be done on the passed judgement if appellate court sees there is need of addition or substraction of charge/charges, court can do it. For mote details whatsapp or call us.
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Adv. Anand Mani Tiwari
Allahabad | 50+ Answers
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if there are no charges in fir section 164 nor trial it cannot be added automatically possible and rape are two distinct offenses no allegations in 161 164 we have to first see the possibility of posco offence
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Adv. Spiti Sarkar
Greater Noida | 700+ Answers
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Regarding rape in at the stage of criminal appeal will not come up, certainly because the same was not before the trial court at the stage of trial. However, criminal action may be initiated by the informant, and the IO will look into the allegations and the material evidence on record to get a Brahma face view of the matter. In case you need any help, I can assist you, please contact me. Thank you.
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Adv. Bihaan Pandey
Allahabad | 50+ Answers
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could you please tell me your jurisdiction area I am from civil court Faizabad.
if you tell me about FIR then I can help you. you can contact me by phone no nine six one six four three four two four six.
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Adv. Riyasat Ali
Faizabad | 25+ Answers
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hello first All the related documents has to be checked and specially the medicolegal of the victim/ opposite party in your matter than there will be conclusion and all the statements in this matter has to be reexamined carefully than there is a quash the FIR...
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Adv. Shaikh Mohammad Shariq
Lucknow | 25+ Answers
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