section 338 of I.P.C.
sridhar jannu
(Querist) 19 February 2009
This query is : Resolved
Respected Sir
in a case under 338 of indian penal code the lower court sentenced the accused to the six months imprisonment.
brief facts of the case:
the defacto complainant while crossing the road on national highway, a lorry dashed the complainant At about 5 A.M.from the front side and basing on the complaint the lower court,after exmined the eye witness and other witnesses found the accused guilty. now the matter is pending before the appllete court for disposal.
my question is whether if a person while crossing the national highway and sustained injuries by his own negligence, can we take defence the contributory negligence againist the complainant, please guide me and the proper decisions in this regard.
PALNITKAR V.V.
(Expert) 19 February 2009
Contributory negligence is no defence in a case u/s 338. It may be relevant and mitigating circumstance in the matter of sentence.
A. A. JOSE
(Expert) 20 February 2009
I endorse the opinion given by Mr.Palnitkar and thank him for the same.
adv. rajeev ( rajoo )
(Expert) 20 February 2009
no u cannot take the defence of contributory negligence, normally court presumes that driver was negligent, of course to cross the highway it is the duty of the victim to take care. But u try to take the defence of the contributory negligence because high way there will be a seperate provisions will be there to pedestrian.
sridhar jannu
(Querist) 20 February 2009
thank u sir there is any previous judgements of high court of suprem court.
sridhar jannu
(Querist) 20 February 2009
i need some judgements 32 CWN 612 ,
28 PRL 99=100 Ind Cas 831+28 Cr LJ 351=AIR Lah 165.
32 CWN 612=30 Cr LJ 402=115 Ind cas 96.
the above judgements need to me How can i see through internet ..that your wibsite...
PALNITKAR V.V.
(Expert) 20 February 2009
If you can give names of the parties and year of decision, I will try to secure.
sridhar jannu
(Querist) 21 February 2009
Respected sir, the above judgements are ipc comments..
