Clever act
abhimanyu
(Querist) 28 May 2019
This query is : Resolved
In an FIR case for dowry, the accused, who otherwise is very tough, admitted his crime of demanding dowry and prayed for pardon from the investigating officer of Police during investigation. This fact is mentioned by the Investigating Officer in his charge sheet, which has been filed in the Court.
Please give expert advice AS TO WHAT BENEFIT can the accused get in the COURT, where charge sheet has been filed, FOR HIS THIS CLEVER ACT i.e. admitting his crime before the investigating officer,and praying for pardon.
,
J K Agrawal
(Expert) 29 May 2019
Admission of crime by an accused before a police officer having very less value in eyes of law. Otherwise in each case police will get by force or otherwise a statement from accused that he has committed the crime.
Guest
(Expert) 29 May 2019
Rightly said by Advocate Mr.J.K.Agrawal
abhimanyu
(Querist) 29 May 2019
Thanks Sirs, but my only query is whether LEGALLY an accused can get any type of benefit by admitting crime before the investigating officer and praying for pardon but completely denying the Crime in the Court, where charge sheet containing his admission of Crime is filed.
What game accused is playing by making contradictory statements WILLINGLY means under no pressure either from the Investigating Officer or the Court.
Guest
(Expert) 29 May 2019
If you are not satisfied with the court proceedings by the Public Prosecutor you could also appoint your own Advocate to contest along with PP..
Guest
(Expert) 29 May 2019
Admitting the offence and pleading for mercy could reduce the punishment subject to the decision of the concerned Court
Guest
(Expert) 29 May 2019
In terms of the provisions of Section 302 Cr.P.C. the Magistrate has the powers to allow the Complainant to appear in person or thro an Pleader to conduct prosecution.
abhimanyu
(Querist) 29 May 2019
Thanks very much N.J.S. Rajkumar Sir. We only want to know WHAT EXACTLY CAN BE MOTIVE OF THE ACCUSED, who is otherwise very tough, as to WHY HE ADMITTED CRIME VOLUNTARILY WITHOUT ANY PRESSURE FROM THE INVESIGATING OFFICER AND NOW IN THE COURT HE IS DENYING. of that crime. He could have denied before the Investigating Officer also but HE ADMITTED THE CRIME. WHAT CAN BE THIS GAME. HE MUST HAVE ADMITTED THE CRIME BEFORE THE INVESTIGATING OFFICER ON THE BASIS OF LEGAL ADVICE. SO WHAT CAN BE THE OBJECTIVE BEHIND THIS ACT OF THE ACCUSED. .
Guest
(Expert) 29 May 2019
No good Lawyer would advise to admit a crime or offence not committed
Guest
(Expert) 29 May 2019
Many accused who were arrested by Police would accept the crime even if not committed fearing the Police and their treatments.
Guest
(Expert) 29 May 2019
The concerned Court would decide depending on the Merits of the Case the evidences , proofs and the witnesses.
Guest
(Expert) 29 May 2019
As rightly said by Advocate Mr.J.K.Agrawal the statements of the accused recorded in Police will not have any strong binding on the case.
abhimanyu
(Querist) 29 May 2019
Thanks Sir, The Complainant has not been summoned by the Court of Metropolitan Magistrate till date although the case is listed for 'CHARGE' next month
a) Is it NECESSARY for the Complainant to appear before the Court of Metropolitan Magistrate on the date when proceedings for 'CHARGE" will take place
or
b) the Complainant is to appear when she is summoned by the Court of Metropolitan Magistrate
c) the Complainant has not yet engaged any Counsel. Is it necessary for her to engage and if so at what stage of the case.
abhimanyu
(Querist) 29 May 2019
or Public Prosecutor is enough as the Crime has been admitted by the accused in the Charge sheet
Guest
(Expert) 29 May 2019
Normally the Complainant/ Petitioner will not be issued any Summons and it is mandatory that they should appear for every hearings and petitioner could also have an Advocate to make the pleadings on their behalf.Discuss and appoint an Local Good Advocate preferably who practices at the concerned Court it self
abhimanyu
(Querist) 29 May 2019
It means advocate will have to be engaged. Can public prosecutor be depended upon?
abhimanyu
(Querist) 29 May 2019
And it is not very clear as to for what objective/purpose, the accused admitted the crime before the investigating officer WITHOUT ANY PRESSURE ON HIM but denies the same in the Court. WILL HE GET SOME BENEFIT IN THE COURT FOR THIS ACT OF HIS?
abhimanyu
(Querist) 29 May 2019
FACT IS THAT WHATEVER HE HAS ADMITTED BEFORE THE INVESTIGATING OFFICER IS ABSOLUTELY CORRECT
J K Agrawal
(Expert) 29 May 2019
very well advised by Mr Rajkumar.
abhimanyu
(Querist) 29 May 2019
No doubt Sir, very well advised for which I am highly grateful to Respected Raj Kumar Ji.
Guest
(Expert) 29 May 2019
Thanks Expert/ Advocate -- Mr.J.K. Agrawal Sir
abhimanyu
(Querist) 29 May 2019
WORTHY OPINIONS OF EXPERTS ARE REQUESTED ON THE FOLLOWING SOLE POINT ONLY
what can be the OBJECTIVE OR PURPOSE of the accused from legal point of view to ADMIT CRIME before the investigating officer VOLUNTARILY, AND WITHOUT ANY PRESSURE, which admission of crime and prayer for Pardon are mentioned in the charge sheet but the accused has DENIED COMMISSION OF THE CRIME in the COURT.
SO WHAT BENEFITS OR ADVANTAGES THE ACCUSED CAN GET LEGALLY BY TAKING CONTRADICTORY STANDS BEFORE THE INVESTIGATING OFFICER . AND THE COURT.
PLEASE OPINE ON THIS POINT ONLY. AND OBLIGE.
Guest
(Expert) 29 May 2019
It is Legal Rights of the accused to deny the statements recorded in Police Station in the Court
Guest
(Expert) 29 May 2019
Court will not totally rely on the statements recorded by Police or FIR and Charge sheet.
Guest
(Expert) 29 May 2019
If the Police Recordings could decide the Judgement Or Punishment what would be the necessity of Courts. Police it self could decide every thing
Guest
(Expert) 29 May 2019
As on Dec 17th 2018 --80% of Dowry cases got acquittal in India
Guest
(Expert) 29 May 2019
Court is a place where both the sides of the concerned case would be given an opportunity to Justify their stands
Guest
(Expert) 29 May 2019
Any thing else Please.
Guest
(Expert) 29 May 2019
Denying the Police Statements Recorded is a Legal Right of the accused and the concerned Court would decide the Judgement basing on the Merits,Evidences and Proofs of the Case
abhimanyu
(Querist) 29 May 2019
THANKS VERY MUCH RESPECTED SIR. You have really spent your precious time in providing apt advice in the matter. This is your greatness.
In fact our concern in this matter is why the accused CHOSE TO ADMIT THE CRIME and prayed pardon before the investigating officer when he was not under any pressure from Police and could VERY WELL DENY THE CRIME. His admission of crime and seeking pardon is mentioned in the charge sheet. What GAME he has played is not being understood by us. WE ARE WORRIED ON THIS ACCOUNT ONLY.
Sudhir Kumar, Advocate
(Expert) 29 May 2019
"why the accused chose .................."
this forum cannot be stretched to the extent of being spokesperson of the accused.
So far the experts above have diligently replied your queries despite the fact that you have not indicated as to what are facts of the case and how are you concerned.
abhimanyu
(Querist) 29 May 2019
Respected Sudhir Kumar Ji, what do you mean by "spokesperson of the accused:.?
abhimanyu
(Querist) 29 May 2019
What more facts are required by you?
abhimanyu
(Querist) 29 May 2019
WHY THE ACCUSED "CHOSE" TO ACT IN THIS FASHION IS THE ONLY MYSTERY. NO ONE CAN STRETCH THIS FORUM TO SOLVE THIS MYSTERY. ANYWAY PLEASE RESPECTED SUDHIR KUMAR JI YOU ATLEAST ON THIS FORUM DO NOT BE SPOKESPERSON OF THE ACCUSED.
abhimanyu
(Querist) 29 May 2019
THE PURPOSE OF RAISING THIS QUERY ON THIS FORUM WAS TO KNOW AS TO WHAT LOOPHOLE IS THERE IN THE SYSTEM DUE TO WHICH ACCUSED MAY HAVE BEEN LEGALLY ADVISED TO BEHAVE IN THIS FASHION. AND UNDER THE CIRCUMSTANCES HOW COMPLAINANT SHOULD PREPARE HERSELF..
abhimanyu
(Querist) 29 May 2019
THANKS ONCE AGAIN RESPECTED RAJKUMAR JI AND RESPECTED AGRAWAL JI.
abhimanyu
(Querist) 29 May 2019
BASED ON ADVICE OF RESPECTED RAJ KUMAR JI AND RESPECTED AGRAWALA JI, IT APPEARS THAT THERE IS NO LOOPHOLE. NO BODY WILL ADMIT CRIME JUST LIKE THAT. . THE . PROBABILITY IS THAT ACCUSED MIGHT NOT HAVE SIGNED ANY SUCH STATEMENT. AND EVEN MAY NOT BE AWARE OF HIS ADMISSION IN THE CHARGE SHEET. THIS COULD BE A TYPING ERROR ALSO, WHICH MIGHT HAVE CREPT IN . DUE TO COPY/PASTE WHEN CHARGE SHEET WAS BEING TYPED.
REST GOD KNOWS.
abhimanyu
(Querist) 29 May 2019
THANKS ALL ONCE AGAIN
Sudhir Kumar, Advocate
(Expert) 30 May 2019
No.
It is not mystery.
It is not unusual.
No accused may like to be beaten by police and will confess anything on earth which Police Officer alleges.
That is the reason evidence act does not place any credence to any confession made before police officer.
BUT
why accused chose this in your case, it is only the accused can tell and this forum cannot issue any clarification on behalf of unknown person.
Sudhir Kumar, Advocate
(Expert) 30 May 2019
complainant is not obliged to attend court on any date unless summoed as witness.
but
nothing stops her from being present in court on all dates.
Sudhir Kumar, Advocate
(Expert) 30 May 2019
complainant is not compellable to engage a cousel.
but
nothing stops her if she appoints a counsel.
abhimanyu
(Querist) 30 May 2019
RESPECTED SUDHIR KUMAR JI, HIGHLY GRATEFUL FOR YOUR ADVICE.
IN FACT . WE THOUGHT THERE COULD BE SOME LEGAL LOOPHOLE DUE TO WHICH ACCUSED HAS BEHAVED IN THIS CONTRADICTORY MANNER ESPECIALLY IN A SITUATION WHEN THERE WAS NO PRESSURE FROM THE POLICE. . .
NOW OUR WORRY IS HOW MUCH PUBLIC PROSECUTER CAN BE DEPENDED UPON AS ACCUSED IS INFLUENCIAL.
THANKS VERY MUCH, SIR.
KISHAN DUTT KALASKAR
(Expert) 30 May 2019
Dear Sir,
Normally the Investigation Officer has no power to extend pardon to the accused. However such evidence not acceptable in Court unless there is supporting evidence such as Bank transfers, recovery of jewellery or cash etc. The prosecution has to establish its case by producing independent evidence apart from admissions made by accused.
Please mark “LIKE” if satisfied by my answer.
abhimanyu
(Querist) 30 May 2019
Thanks Respected Kishan Dutt Ji,
Whether contents of the charge sheet has value in the court or not, .our worry only is that when the accused could very well deny the crime before the investigating officer why in spite of that he admitted his crime to be made a part of the charge sheet. His motive could be to delay the case in the court or to create any legal complexity for which this query has been raised at this forum.
abhimanyu
(Querist) 30 May 2019
We know very well ,that the accused had no pressure to admit the Crime. before the investigating officer.
Sudhir Kumar, Advocate
(Expert) 30 May 2019
You ,may be knowing that accused had no pressure admit charge.
but
law does not think so. Evidence Act is absolutely clear in this regard.
