can a court held guilty to a proclaimed offender?
vinod bansal
(Querist) 18 July 2009
This query is : Resolved
R/Members
I want to know whether a trial court is right when it held a proclaimed offender guilty (despite this fact that he was not present in the court during the trial) but even though he was held guilty alongwith his other co accused who were present in the court at the time of trial as well as at the time of pronouncement of judgment...in an another case,at the time of trial and argument all accused were present in the court but when the case was fixed for judgment one of the accused on apprehension of conviction remain absent from the court and court held him guilty in his absence alongwith his co accused.what is legal position on this law point .plz enlighten me. Thanx
N.K.Assumi
(Expert) 19 July 2009
If a person escape from a prison, it does not mean that he is guilty, as even innocent person may escape from jail. But guilty or not guilty it all depends on the evidence pointing towards the guilt of the accused. In your case I am of the view that
after his arrest he should be given the opportunity of hearing of the evidence of his guilt in the commission of his crime ans sentence should folowed.
Deekshitulu.V.S.R
(Expert) 20 July 2009
Mr. Vinod Bansal
As far as I know a judgment of conviction canmpt be [rpnounced in the absence of an accused.
Hence the court has to make an effort for his presence. If it is not possible, the case is to be seperated and the judgment of conviction of other accused has to be pronounced.
