Ipc 338 criminal appeal and imprisonment
Querist :
Anonymous
(Querist) 25 February 2023
This query is : Resolved
My brother is facing trial in IPC 338. He is first time offender. The injured got multiple grievous fractures. He is not drunk at the time of accident. It was un expected accident. He shifted the victim to hospital and took care of him till victim's family arrived. The victim's family is very angry and they promised to send my brother to jail.
1. Our lawyer is saying that punishment cannot be avoided. Is this true?
2. Our lawyer is saying if lower court sentences to jail, we can file appeal in district court and try our luck.
3. What will happen even if the appeal is dismissed ? Will he be sent to jail immediately from court?
If he is sentenced to jail, our entire family will be struggling for survival as he is the only bread earner. Please provide your expert opinions.
