Omission to set out the manner of cheating
Prakash
(Querist) 19 May 2012
This query is : Resolved
Experts,
Can a criminal court arrive at a different conclusion other than what is set out in the charges framed by the court.
after trail is over for an offense of cheating can the court come to a conclusion about the nature of false representation made by accused which was differently set out in the charges framed by the court.
Thanks in advance.
Adv.R.P.Chugh
(Expert) 19 May 2012
Dear Mr.Prakash,
Framing of Charge is an important aspect of principle of audi alteram partem (Natural Justice)- that no man should be condemned unheard, and for him to speak he should be able to take an informed defence by knowing what exactly is the accusation against him. S.211 talks about contents of charge - in some cases where name/section of charge is not enough then as per S.213 - the manner in which the offence was committed is to be communicated to the accused in charge itself. Offence of cheating is one such offence where manner of cheating is to be necessarily communicated to the accused for him to defend himself precisely. If during the proceedings something new comes up then the judge is obligated to amend/alter the charge and read and explain it to the accused u/s 216 Crpc At any stage before judgment.
If in a case - the judge convicts a person for cheating of sorts different from one set out in charge and charge is not amended, in such a situation the charge is said to be erroneous. Now what should be the result of this ?
S.215 says that error of charge is material only when a failure of justice is ocassioned to the accused on account of such error. This means whether he was injured with respect to merits of hte matter.
In such Case 464 says that the appellate/confirmational/revisional court can correct charge and re-order trial on the amended charge.
Shonee Kapoor
(Expert) 20 May 2012
Well explained.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
