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kumar ajinkya (service)     12 August 2023

Section 323 ipc - addendum

To add to the earlier query: The sole incident proven by prosecution occurred two months after the original complaint was filed but two weeks  before the FIR was registered. There is no mention of this incident in the charge sheet or any witness statements.  Prosecution inserted this incident two years after the trial began through an application u/s 311 crpc. 

Dear All In trial for 498A/406/506/323 case, the prosecution has been able to prove only one incident of a kick by the husband during a quarrel with wife. There is no injury claimed by the wife and no medical report provided by wife. All other allegations have been either proven false OR are vague allegations of purported  incidents which occurred 15 years back. Court Order will be announced in 2 days from now. Based on your experience, can you tell what is the possibility of conviction u/s 323 alone. Also, what could be the likely sentence in such a case of single isolated instance. Any thoughts would be highly appreciated. Warm

Regards Ajinkya

 



Learning

 6 Replies

T. Kalaiselvan, Advocate (Advocate)     13 August 2023

You have repeated the same question using a different thread.

However my answer will not change to the repeated question, which is reprouced below::

Here law and the discretion of the presiding officer will play a vital role and not the experience of an advocate. If the judgment is to be passed in a couple of days then wait for that till then

 

kumar ajinkya (service)     13 August 2023

It is repeated due to addition of an important detail which was missed earlier. Thanks for your response.

Dr. J C Vashista (Advocate )     13 August 2023

The prosecution cannot be permitted to add any incident wherein accused has not been charged.

However, if so, immediately move in revision petition, obtain stay on proceeding and get it set aside.

kumar ajinkya (service)     13 August 2023

Thanks for your response. I hope the court recognizes this in their judgment. If not, I will move revision petition.

anubhav Bhatt   13 August 2023

Dear Client, Better you should contact us then I'll explain properly about your query.
Advocate Anurag Bhatt
Allahabad High Court
Mobile 9198889990.

T. Kalaiselvan, Advocate (Advocate)     13 August 2023

Your statement in the subsequent post of this thread that you have added new information to the repeated question is incorrect.

There was no new or additional information added to your original query of this thread.

You should have a control over your anxiety.

Since the court is going to pass a judgment in a couple of days, whatever information or advise given at this stage by this forum may not be of any use to you at the fag end of this case. 


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