New Querry Under IPC 34 ,353
Rahul Deshpande
(Querist) 08 January 2010
This query is : Resolved
My client has been registered under a criminal case & charged by police constable under IPC section 34,353 in year 1998. The case has come up for evidance now. The charges have been framed. Like to know whether court can acquit him under following circumstances:
Kindly guide on following.
1.What are the ground on which the accused can be acquitted by court?
2.Does the non-attachment of attendence sheet or duty sheet to chargesheet( to prove he was on duty) by constable can be strong reason to prove that circumstances as to case did not exsists?
3.Incase constable produces record of his attendance during course of trial - will that be admissible as evidence keeping in view the fact that he did not attach it initially with chargesheet?
4.The statement of doubt has been made in the chargesheet that accused could have been under influence of alcohol- but no medical/blood test report has been atttached. Will this favour accused?
5. What will constitute as material evidence in this case? Does the witness account constitute material evidence?
5. Can accused get permanent exemption during course of trial incase counsel applies for it?
Looking forward to your opinion.
Arvind Singh Chauhan
(Expert) 08 January 2010
I have replied for the same earlier. Don't disclose the defence to be taken by you, in early stage of trial, otherwise State may fill this lacunae. Court can permanently exempt the attendance except the stage of charge and 313 or judgment, it depends on court.
