Alteration of charges in the middle of cross examination
Ranganath
(Querist) 13 August 2012
This query is : Resolved
Ld counsels,
Accused went for quash, HC declined to quash as the trial is half way but directed the court to dispose of the case within 3 months. Further examination of witnesses continued and accsued also cross examined 2 out of 7 witnesses.
Now after knowing all the defenses of the accused from his quash petition the public prosecutor is forcing a comprmise on the accused husband by planning a petition for altering charges after more than 3 years from the date of FIR. At this stage if such petition is filed can the court look into other infrimities in the case such as the contracdictions of wife and her father during cross examination also the bonafides of prosecution in moving the application after knowing all the defenses of accused.
what is the criteria to alter charge, is that once again the test for prima facie case. The case is arising out of 2 complaints one given by wife and another by her father. Only the second complaint of wife is registered as FIR.
Thanks in advance.
PARTHA P BORBORA
(Expert) 30 August 2012
A court can change, alter or add charge at any stage of any criminal case trial before pronouncement of the Judgement. So, there is nothing illegal.
