Conviction under section 306 of ipc by sessions court
Vishal Parmar
(Querist) 11 January 2014
This query is : Resolved
One of my friend recently convicted under section 306 of IPC by Sessions Court and passed sentence of RI of 7 Years. We all are aware that my friend was innocent and falsely implicated in the case by parents, brother, sister of the deceased. On scrutiny of the judgement order it was observed that the court has completely relied on the oral witnesses of all of the family members and concluded judgement based on the section 113A of IEAct. In this connection, I further mention a fact that at the time of death of the spouse of my friend his parent-in-laws took away his minor girl child with them and promosed to return back of child in few days, but, neither they have given custody of child to my friend nor they allowed him or his parents to even meet her. Parents of my friend are very much desperate of the decision of the court and also are very much in tension about custody of daughter of their son, who has been convicted. My question are :
1. whether the parent of my friend can appeal in high court for bail and appeal against judgement and what is the time duration for the same ?
2. whether the bail can be allowed by the high court ?
3. what could be remedy to obtain custody of my friend's daughter ?
V R SHROFF
(Expert) 11 January 2014
1. whether the parent of my friend can appeal in high court for bail and appeal against judgement and what is the time duration for the same ? Ans: YES
2. whether the bail can be allowed by the high court ? Ans: YES, but depends upon On Merit of case.
3. what could be remedy to obtain custody of my friend's daughter : Move Civil Court [SD] for custody of child
Vishal Parmar
(Querist) 11 January 2014
Respected Sir Shri Shroff, thanks a lot for an immediate reponse to my querry. I am highly obliged. One more querry in the matter is, whether, my friend can move to Civil Court (SD) for custody of child even if he is convicted for offence u/s 306 of IPC.
Raj Kumar Makkad
(Expert) 11 January 2014
Though the father shall be given preference in the matter of custody in the given matter but his conviction shall definitely come in the way.
Dr J C Vashista
(Expert) 12 January 2014
1. The parents of convict can appeal in high court for bail and appeal against judgement within 30 days of passing impugned order
2. Yes it can be allowed by the high court
3. In order to obtain custody he will have to apply beofre the Guardians Judge u/s 12 and 25 of Guardians & Wards Act.
Rajendra K Goyal
(Expert) 12 January 2014
Well advised by the experts, agree to it.
