Charge
Rahul Das
(Querist) 24 September 2012
This query is : Resolved
Sir,
Complained case against my friend-FIR IPC 376/511(although no material of 376/511, some material of ipc 354 is present)- surrender- chargesheet 376/511- bail after 14 days-sessions case- discharge applications( no material of 376/511, two different date in FIR and chargesheet, no eyewitness, wrong statement)- Rejected,judgement given-
"That prima facie though the ingredients of section 376 IPC had not been found to have been constituted in the commission of the offence under section 376 IPC.But the accused is not entitled to be discharged from this case as there are substantial incriminating materials on record and charge is required to be framed in consonance with the materials available on record adequately and appropriately.Prayer rejected.To 30.11.12 for framing of charge.
1.What can be done now, high court for revision? Judge is not favourable as per our lawyer.
2.At what section charge can be framed?
3.Our lawyer want IPC 354 and magistrate trial is it possible?
No material of 376/511, but some material of 354 as per FIR and chargesheet.
Please suggest what will be the best way to solution.
Email- dasrahul745@gmail.com
Thanking you
Rahul Das
PARTHA P BORBORA
(Expert) 24 September 2012
in my opinion court will frame charge under Sec 354 IPC. As there exists prima faci no court will dicharge the accused. So face the trial.
JANAK RAJ VATSA
(Expert) 24 September 2012
in all probabilities and as admitted also by you, that there is material for 354,then the court is likely to go for it.
