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IPC 338 PROVING GUILTY OF ACCUSED IN TRIALS
19-Jun-2023 (In Criminal Law)
My friend is charged with IPC 338 in an accident case and he is on regular bail now. Our advocate is suggesting us to contest the case till trials.
We want to understand how safe is this option. Is this an false hope ? or correct way?
We want to know, on what basis, can a public prosecutor prove rash and negligence of driving in these types of cases.
The injured was hit from the back by a car (speed 30-40 kmph) and has fracture on hand. We even took the injured to hospital and provided emergency treatment and first aid.
My friend belongs to poor family and is sole bread earner and his life will be ruined if he is convicted and sentenced to jail.
The injured party is not ready to settle the case.
We are very worried about this and have no mental peace. Please guide us to the right path.
the person who commits the offence under section 338 IPC is punishable i simple imprisonment for a term upto 2 years or with fine or with both.
If your council is able to prove your innocence, you need to be worry about the case.
if your council raises any doubt in disproving the case then: before going commencement of trial, the accuesed has to face an examination (pre trial examination) as to the offence in which, if he admits his guilt the Court may imposes fine (no imprisonment).
If your council is able to prove your innocence, you need to be worry about the case.
if your council raises any doubt in disproving the case then: before going commencement of trial, the accuesed has to face an examination (pre trial examination) as to the offence in which, if he admits his guilt the Court may imposes fine (no imprisonment).
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Adv. Kadagala Rambabu Naidu
Srikakulam | 200+ Answers
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