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Not present at the place of crime. Is it enough to prove innocence?
03-May-2023 (In Criminal Law)
My friend is a property consultant and has got involved in a false case wherein he along with his order partners / friends, is being accused of causing injury to the complainant. Now currently my friend is out on bail, I would like to know :
1. Can his name be omitted or deleted from the FIR since he was not present at d place of crime. 2. The proof that he was not present at d time of injury is that enough proof to prove him innocent?
No his name cannot be omitted from the FIR.
Depending upon the offence for which your friend has been charged, if the same is compoundable, then he can settle the matter with the complainant.
However if the same is not compoundable, then he has to proceed with the matter and prove his innocence. As you are saying he was not present at the scene of the crime, then he has an alibi.
We can guide you properly only once we know the offence under which your friend has been charged. If it is such an offence for which the presence is required then he can be proven innocent by stating that he was not present at the scene of the crime. But for offences like criminal conspiracy and etc, it is immaterial if the accused was present at the scene of the crime or not.
We would like to see the FIR then we will be in better position to guide you that can it be quashed by High Court.
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Adv. Chikirsha Mohanty
Delhi | 200+ Answers
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