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Sec 363 ,376 , 4,8,12 , posco act
14-Aug-2023 (In Criminal Law)
I m Ankit I eloped with my gf in 2019 her family filed a case against me under the followed sec I got bail after 4 months of case filed now the case is on trail after repeat calling her father the complaint is coming on 15 sept for evidence I want to get out of the matter as soon as possible please guide me with the steps ahead
Your advocate has to cross examine the girl's father and take the admission that go in your favour that proves you innocent and the charges levelled against you can be dropped in the judgment by the judge
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Adv. Juhi Qureshi
Pune | 200+ Answers
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What happens if accused person does not appear in Court?
The state has a duty to find an absconding accused before the trial starts. If the accused is absent, the court may proceed to trial 90 days after the date of the laying of charges. 13-Aug-2023
What happens if a witness does not appear in Court?
The Court may issue an arrest warrant if the witness does not appear at court. The witness may be placed in custody and held there until the day of trial. 19-Oct-2019
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The section 256 CrPC allows dismissal of a complainant who fails to appear. The Court can acquit an accused after issuing summons if the complainant fails to appear. 28-Jan-2022
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The judge may at his discretion defer the cross-examination until other witnesses or witnesses are examined, or recall a witness for further interrogation.
If you have settled the dispute and the parents of the girl are ready to close the case then you may go to high court for quashing of the charge sheet or the witnesses in your case may depose and either support the prosecution or turn hostile and the sessions Court may pronounce judgement based upon the recorded evidence
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Adv. Mohd Atik Iqbal
Akola | 500+ Answers
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Hello Ankit ji,
Firstly, I advise you to kindly refrain yourself from making any contact with the victim or her family members in any manner.
Secondly, as your matter is at the stage of recording of evidence and even after the witnesses are summoned by the Hon’ble Court and the witnesses are not turning up or fails to mark their presence before the Hon’ble Court, then you can prefer an application for dropping of witness. Upon receiving such application, the Hon’ble Court will call upon the say of the prosecution or IO. If they fail to give or cite any proper reason. In such case, the Hon’ble Court is empowered to drop such witness.
Firstly, I advise you to kindly refrain yourself from making any contact with the victim or her family members in any manner.
Secondly, as your matter is at the stage of recording of evidence and even after the witnesses are summoned by the Hon’ble Court and the witnesses are not turning up or fails to mark their presence before the Hon’ble Court, then you can prefer an application for dropping of witness. Upon receiving such application, the Hon’ble Court will call upon the say of the prosecution or IO. If they fail to give or cite any proper reason. In such case, the Hon’ble Court is empowered to drop such witness.
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Adocate Karan Singh
Mumbai | 25+ Answers
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Well, in order to clear you out of all charges from the Criminal Case filed against you, I have to study the FIR lodged against you. If Chargesheet has been filed against you, then I need to study that too, before giving you legal advice.
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Adv. Pankaj Bajaj
Mumbai | 500+ Answers
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