Criminal appeal in sessions court after acquittal in 498a/406

Reformist !!! (Querist) 06 April 2017 This query is : Resolved
Dear Experts,

She filed an appeal in sessions court after me and my family got acquitted from trial court in 498a/406.

The Hon'ble judge of lower court observed 8-9 false allegations and termed them clearly false in the judgment, as i gave documentry evidences of the same.

Now my query is:-

1. As she has preferred an appeal in sessions court . Whether she has a right to file an appeal in individual capacity as State has chosen not to file an appeal in my case.

2. Did she need to get leave from the court 1st so as to get her appeal heard or not?

3. She also made State as a respondent. I am unable to understand why she has made state as a respondent.

4. She took 7-8 grounds of appeal in which almost 6 grounds are a new story now, which has never been stated earlier in FIR,Chief,161 statements and not even anywhere in her cross-examination. Can you pl. share some judgments to get this dismissed being non maintainable, as she is going out of the pleadings again.

5. Rest 2-3 grounds have story changed i.e. she has changed version of story in these rest of the grounds.

Overall, all grounds are out of lower court proceedings. Pl. guide what all i should do.

Thanx in advance.

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Sudhir Kumar, Advocate (Expert) 07 April 2017
1. As she has preferred an appeal in sessions court . Whether she has a right to file an appeal in individual capacity as State has chosen not to file an appeal in my case.

YES

Sudhir Kumar, Advocate (Expert) 07 April 2017
2. Did she need to get leave from the court 1st so as to get her appeal heard or not?

NO

Sudhir Kumar, Advocate (Expert) 07 April 2017
3. She also made State as a respondent. I am unable to understand why she has made state as a respondent.

ASK HER

Sudhir Kumar, Advocate (Expert) 07 April 2017
4. She took 7-8 grounds of appeal in which almost 6 grounds are a new story now, which has never been stated earlier in FIR,Chief,161 statements and not even anywhere in her cross-examination. Can you pl. share some judgments to get this dismissed being non maintainable, as she is going out of the pleadings again.

FIRST OF ALL THIS FORUM DOES NOT SUPPLY JUDGEMENTS

SECONDLY EVEN IF SOME EXPERTS WANT TO HELP YOU NEED TO KNOW THE FACTS OF THE CASE WHICH YOU ARE NOT SHARING HERE RATHER YOU CANNOT SHARE AS ONE NEEDS TO SEE ALL PAPERS TO APPRECIATE FACTS.

Sudhir Kumar, Advocate (Expert) 07 April 2017
5. Rest 2-3 grounds have story changed i.e. she has changed version of story in these rest of the grounds.

YOU ARE NOT SHARING FACTS.