after the cross exam of those two people what will be the next stage. When we will be asked by the court for stements from our side and evidences we have on these false allegations filed by the girl.
How many stages still may be there before the final judgement on this. Kindly share your knowledge on this.
If this is going to get delayed more can we go to High court now for quashing.
First of all, you should now that you are facing trial of warrant cases before Magistrate under chapter XIX Code of criminal procedure. Right now prosecution is adducing the evidence against you qua the commission of offences in which evidence of the proscutrix wife and her family members along with police officials would be recorded. The prosecution after completion of the evidence would either close the evidence or the same may be closed by the Magistrate.
After that, for the first time you would be given the opportunity to state your defence when the entire incriminating evidence that had been led by the prosecution would be put up befor you. You can deny the facts which are alleged and state your defence. This is an important stage in the criminal trial and comes under the purview of section 313 Cr.p.c
The magistrate then will give you the opportunity to lead evidence to prove your defence so you had taken in the statement under section 313 Cr.p.c.
Once your defence evidence is concluded, the case shall be posted for arguments.
After the arguments, the case shall be defered for the orders in which the magistrate would convict or acquit you on the basis of the evidence led by the prosecution.
You should know this vital fact about the criminal justice system that the prosection has to prove the offence against you beyond reasonable doubt while the defence has merely to rebut the prosecution case on the preponderance of probability so as to get the benefit of doubt.
So four more stages to go.... once the case is posted for recording the statement under section 313 Cr. P.C..the ball is in your court....it all depends on how fast you can lead the defence evidence and get the conclusion of the trial.
Dont waste your time and mine in approaching the high court ofr quashing the case on the ground of delays...that would be a futile exercise and you would return empty handed.
Also please keep the criminal manual with you which included indian penal code, criminal procedure code and indian evidence act.....and read the stages that had been mentioned. It will help you immensely
