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Different in report and witness

(Querist) 05 May 2017 This query is : Resolved 
Hi,

I am having a criminal case which has following scenario:
1. In report it is said that a person has thrown stones and abused.
2. In NCR 323/504 IPC charge-sheet was
filed against one person
3. Victim and other witnesses in their statements said two person threw stones and two person threw stones
4. Now on the date of argument there is only one accused present in the court as second person was not even called.

So what judge will do, will he free the other person also or sent him to jail. Please let me know if you have any ruling in favor of this.

Thanks in advance
Rajendra K Goyal (Expert) 05 May 2017
Charge-sheet and case is against one person, order would be based on evidences and proofs against him.
Ms.Usha Kapoor (Expert) 06 May 2017
Agree with Mr.RK.Goyal.
Kumar Doab (Expert) 06 May 2017
"Now on the date of argument there is only one accused present in the court as second person was not even called."


Agreed with Mr.Rajendra K Goyal.



R.K Nanda (Expert) 07 May 2017
nothing to add more.


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