Sa dispense
B S Kainth
(Querist) 27 November 2012
This query is : Resolved
Respected Members ,
I would like to put-up my query which is as follows "In Complaint case ,If complainant fail to establish his allegation on accuse which are written in the complaint ,can the statement of accuse be dispensed" If yes U/s ? any judgment for reference ?
With Regards
B Kainth
Sorry, I was unable to explain the circumstances .I am elaborating my query
. Complainant was filed u/s156/3(200) CRPC
2. Pree Charge summoning was made in the absence in accuse
3. Later accuse came to know that Lawyer of complainant got typed the statement on its own.
4. At the stage of chief and cross examination all the witnesses of complainant and complainant himself failed to prove what they had said in pre charge statement.
5. Now it’s time for the statement of accuse
Can the statement of accuse be dispensed" If yes U/s ? any judgment for reference ?
Devajyoti Barman
(Expert) 27 November 2012
Not a clear query?
Where is the requirement of accused person's statement in complaint case?
prabhakar singh
(Expert) 27 November 2012
AN ACCUSED IS NEVER UNDER OBLIGATION TO ENTER IN WITNESS BOX AGAINST HIS OWN WISH.THEN WHERE DOES SUCH A QUESTION ARISE IN ANY CIRCUMSTANCE?
Devajyoti Barman
(Expert) 27 November 2012
Why are you interested to dispense with his evidence?
Would it be of any help to your case?
B S Kainth
(Querist) 28 November 2012
Respected Devajyoti Barman Ji ,
I am more interested to dispense SA because I am accuse.
With Regards
B Kainth
Devajyoti Barman
(Expert) 28 November 2012
There is no provision in law for SA of accused person.
Raj Kumar Makkad
(Expert) 28 November 2012
If no charge is established by going through the evidence brought against the accused person, no question arises to record the statement of the accused because the question to the accused shall be asked about the material brought against him by the prosecution. As the prosecution failed to bring any material against him so practically, no adverse questions can be put to him.
prabhakar singh
(Expert) 28 November 2012
In view of your statement number"4. At the stage of chief and cross examination all the witnesses of complainant and complainant himself failed to prove what they had said in pre charge statement."the accused can not be charged of any offence and I think accused should apply under section 227 Cr.P.C,in my opinion; but I am not a pandit in criminal side.
B S Kainth
(Querist) 28 November 2012
Thanks Raj kumar makkad ji ,Prabhakar Ji , Devajyoti Barman for your expert advise.
Regards
B Kainth
prabhakar singh
(Expert) 28 November 2012
We experts are under our own obligation to serve you thanklessly.
