can any other person file a complaint or application on behalf of Shedule Caste victim?
Querist :
Anonymous
(Querist) 15 October 2010
This query is : Resolved
Dear Experts,
on 26-9-02, a rich person has got registered a case against A,B,C,D but to prove his false allegation against A,B,C,D in his FIR he shows a person 'O'along with ABCD that they all together visiting his house and demanded money, role of 'O' is same like others, 'O' is a poor vegetable vendor belong shedule caste'Chamar' and close relation with rich person and rich person has mentioned his name in fIR without his consent. the rich person never made said 'O' as an accused in said case even name of 'O'along with his father name is specific mention in FIR, rich person was wanted that 'O' made a statement to police or in court that A,B,C,D on such day and time has demanded money from complainant but beside to obey the direction of rich complainant, O after 15 days of registration of FIR, has moved a complaint along with his affidavit to D.C. against the complainant etc. by specific stating that rich complainant has mentioned his name in a false case against A,B,C,D and his name was mentioned in it but not made an accused and rich complainant etc. giving continuing threats and allurement of money to make a false statement against the ABCD. DC and S.P. has ordered for proper enquiry on his complaint but police of concerned police station, after ignoring complaint and affidavit of 'O' filed charge sheet against the A,B,C,D but not cited 'O' as an accused even no investigation was done regarding 'O', in evidence complainant etc. mentioned name and role of 'O',which are same with other accused, along with others but never moved an application u/s 319 Cr.P.C. before court to summoned the 'O' as an accused, trial court convict the accused without giving any finding upon the 'O' even accused in his defence has exhibited complaint and affidavt of 'O' presented to DC etc. and also his statement in this regard which he has made on oath in a private complaint of B in court on oath, admissible u/s 80 of Evidence act, the main defence of accused in appel is name and relevant document of 'O' but now at appellate stage rich person trying his best that 'O' made a statement in the appellate court against the ABCD. what is evidentary value of statement of 'O' at appellate court? 'O' till today is not interested to make such statement but he also does not wanted to move any complaint or application against the rich complainant. Whether any person or A,B,C,D can file a complaint/application in place of 'O' regarding the intention and efforts of complainant in appellate court or before trial Court under SC.ST. Act or u/s 340 Cr.P.C.
