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What to do if by mistake became a witness in fraudulent transaction
29-Jun-2023 (In Property Law)
Sir i had innocently signed as a witness in sale of my friends property but property does not belongs to my friend .i came to know afterwards . In district case is filed and today my friend released without any penalty but i along with 2 other witness is got imprisonment of 2 years. I had taken 1 month bail for appealing in high court. Please advise me
You will have to explain in detail what are the charges against you. Otherwise in a criminal case, a person cannot be accused of a crime if there is no guilty mind or criminal intent. As in the present case you were ignorant of fraud so you can take the plea of absence of guilty mind.
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Adv. Samyak Raj
Delhi | 500+ Answers
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All that could be done has already been done!
You defended the case but failed.
For the High Court to acquit you on appeal, all that has been done to defend your part in trial will play major role.
But, this does not mean there are no chances of your acquittal, it will depend upon how your Lawyer presents your part before the High Court. You can put it as an argument that the person who had key role in all this (your friend) got acquitted and you got convicted.
But remember, this argument is of no value that you had signed innocently. At the time of signing, you were an adult and sane, plea of innocence will not save you.
You defended the case but failed.
For the High Court to acquit you on appeal, all that has been done to defend your part in trial will play major role.
But, this does not mean there are no chances of your acquittal, it will depend upon how your Lawyer presents your part before the High Court. You can put it as an argument that the person who had key role in all this (your friend) got acquitted and you got convicted.
But remember, this argument is of no value that you had signed innocently. At the time of signing, you were an adult and sane, plea of innocence will not save you.
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Adv. Sandeep Naik
Indore | 200+ Answers
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