ashok kumar (Social Worker) 08 August 2014

Grounds of revision against charge

Grounds of Revision Against Charge

The Charge states creation of a forged bank guarantee on 22.01.2014 but there is no such guarantee on record with the Court. Albeit there is a guarantee format on record, with a different date viz 11.02.14 and that too with overwriting on this date. without any attestation as required in Section 68 of the Indian Evidence Act

1. Is the charge sustainable?

2. Can the charge be challenged by filing of a revision U/S 397/399 CrPC?

3. In view of the Section 216 CrPC does the court has power to amend the charge and correct the date from 22.01.2014 to 11.02.2014 and levey the altered charge?

4. Can the guarantee form be read into Evidence in a Criminal trial in view of the Bar under Section 68 of the Indian Evidence Act?

5. What is a better course? To file a revision or to face the trial and take advantage of the defects in the trial?

Reply Follow

2 Replies

T. Kalaiselvan, Advocate (Advocate) 10 August 2014

The difference noted in the date and alteration made in the date without authenticity to be recorded at the time of examination and to be brought out during arguments. If the case has been decided based on the false evidence, an appeal on the same issue will be sustainable.

ashok kumar (Social Worker) 11 August 2014

Dear Kalaiselvan

The case is at the stage of prosecution evidence which has NOT YET begun. Only the charges have been framed! My question is

1. Is the charge sustainable?

2. Can the charge be challenged by filing of a revision U/S 397/399 CrPC?

3. In view of the Section 216 CrPC does the court has power to amend the charge and correct the date from 22.01.2014 to 11.02.2014 and levey the altered charge?

4. Can the guarantee form be read into Evidence in a Criminal trial in view of the Bar under Section 68 of the Indian Evidence Act?

5. What is a better course? To file a revision or to face the trial and take advantage of the defects in the trial?