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kumar ajinkya (service)     02 October 2023

False criminal case

The trial court has acquitted me in a completely false 323, 506 case giving me benefit of doubt. The court has also noted that "possibility of false implication cannot be ruled out" BUT has not considered my statement and exhibits (mentioned as marks) with the noting " these shall be discussed where ever necessary".

Can I file for revision or appeal against this favorable but not completely fair order since important evidence provided by me has not been considered.

Any advise would be appreciated.

Regards



Learning

 5 Replies

T. Kalaiselvan, Advocate (Advocate)     03 October 2023

You have been acquitted hence you cannot prefer an appeal against the judgement gave in your favor.

 

kumar ajinkya (service)     03 October 2023

Thanks. Can I file for revision since the judge has not appreciated my evidence and has written "these will be discussed wherever necessary". If my evidence is considered by the court, the verdict will be "acquittal due to false implication" instead of "acquital due to benefit of doubt".

T. Kalaiselvan, Advocate (Advocate)     04 October 2023

The question of appeal against acquittal does not arise, there is no provision in  law, hence you should be contended about the acquittal alone.

Sudhir Kumar, Advocate (Advocate)     04 October 2023

Please read thrice what Mr kalaiselvan has expresed.

 

rare to see a person aggreied agains this acquittal an atempting to challenge the same and providing prosecution an opportuinity to again argue for his conviction.

kumar ajinkya (service)     04 October 2023

Thanks for your advice. I guess I will have to live with half baked justice.

 


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