Conviction under sec 279 & 338

ABCD (Querist) 22 March 2014 This query is : Resolved
I have been convicted under IPC section 279 & 338. The basis is one eye witness who has described the event.

Actually the accident happened when I was starting my car and was about to press accelerator when victim suddenly appeared in front of my car. I could not control break albeit accelerator was pressed harder car jumped on him and the front tyre injured him. After the incident I tool him to hospital and all his admission fee, called his family and then left.

Subsequently case was filed against me. My lawyer thought it would be wise to deny the incident the way i have described above. He was of the opinion that because of the lack of evidence the judgement will be in my favour. But now lower court has implicated me. I wish your advise regarding the standpoint I should take while filing appeal with session court. Secondly the punishment has been awarded as 6 months imprisonment. Is it too harsh?? Does session court judge will view it differently because of the quantam of punishment. Pl advice

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Devajyoti Barman (Expert) 22 March 2014
You can prefer appeal in the sessions court. Depending upon the merit of the case, the court may modify or cancel the decision.

ABCD (Querist) 22 March 2014
Hi Mr Barman, Thanks for the reply. I wish to know how do I stand a chance to get the decision cancelled. Help me understand the merit in my case. I give you information. 1. There is only one eye witness who has described the incident. 2. As an accused I have not produced any witness refuting the claim of eye witness. 3. The injury was serious. 4.I wish to understand, if in appeal i should challenge the decision of lower court or request mercy. 5. Would it be ok to say that I would be ready for any compensation that court feels good against 338. or I should leave it upon the judgement of court. 6. How much time does this generally require to resolve in case i appeal.

ABCD (Querist) 22 March 2014
Dear Mr Barman, Besides these points would also need your advise regarding approaching the party for out of court settlement and offer him compensation. Is it prudent at this stage. Will withdrawal of case at this stage is possible and will it work in my favour.

Devajyoti Barman (Expert) 23 March 2014
There is no harm in preferring an appeal.
Without seeing the testimony of eye witness I can not make comment on chances of appeal.

Rajendra K Goyal (Expert) 23 March 2014
Engage a good lawyer for appeal. Without going through the case file nothing positive can be advised.

ABCD (Querist) 23 March 2014
Dear Mr Goyal,

If i share the copy of judgement will you be able to guide.

Guest (Expert) 23 March 2014
Statement of witness and the nature of judgment are crucial to be examined before any appropriate advice by anyone. So, better send copy of the judgment and statement of witness to both the experts to examine and analyse the case for proper advice.

T. Kalaiselvan, Advocate Online

(Expert) 25 March 2014
The thought of paying compensation to the victim should have arose when the case was pending before the lower court for trial. Now during appeal, you have to contest on the basis of merits on your side which were ignored by the trial court.

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