Problem in appeal
Arvind Singh Chauhan
(Querist) 21 July 2012
This query is : Resolved
Sir,
Trial court has convicted to accused. Offence is non compoundable. Now the matter is in appeal in session court. Now the complainant/victim is ready to pardon the accused. Now please give your opinion that what may be the remedy without approaching high court under 482.
1. I filed application under 391 Cr.P.C for calling as additional evidence and for reexamination of complainant. But session court is showing helplessness and asking case law in support of my application. Is there any case law please refer.
2. Whether plea of bargaining applies in appellate court, if yes please provide the instance.
3 Suggest any other solution, if any
V R SHROFF
(Expert) 21 July 2012
Complainant is State, not victim.
Remedy is re trial / and State have to co-operate , not victim.
kuldeep kumar
(Expert) 22 July 2012
yes appellate court can that fact into account on the reduction of sentence otherwise non com offence are not subject to compromise as the victim is state not victim.
b.s joshi vs state of haryana.A 498A RELATED CASE SETTELED IN SC BY WAY OF COMPROMISE.I WISH EXPERTS GIVE MORE CASE LAWS ON SAME TO QUERIST AS HE BADLY NEED IT.
