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s..i..n..g..h.. (member)     25 November 2012

Ipc 323 conviction without any medical report

conviction done in ipc 323 without any medical report  just the allegation of slapping by complainent (pw1) + father of pw1 (PW2)

can any one provide case law/judgment for the benefit of accused

no independent witness

no medical report

FIR after 1.5 year



Learning

 6 Replies

surjit singh (Assistant)     25 November 2012

Go for appeal against the order immediately. Whether there is only two prosecution witnesses.


(Guest)

Be sure first,you are convicted with IPC 323 or you are charged with IPC 323.

Mayank Saxena (Legal Advisor)     25 November 2012

Belated FIR

 no medical report 

no independent witness

So file appeal and get the relief of benifit of doubt  as held by the Hon'ble Court in

Anil Kumar Alias Arbind Kumar (in jail) Vs State of U.P.2005(1) ACR447

Shankar lal Vs State of  Rajasthan 2004(19) A I C 25 (S.C.)

s..i..n..g..h.. (member)     25 November 2012

thanks to mayank saxena for case law i will go through it

For sumitra Kumar response :FIR is under 323 then judgment says you are convicted for six month imprisonment u/s 323 IPC

For surjit singh response: total four other two are IO and Report writer


(Guest)

It would be a great help for your advisor(whoever he/she is) if you could attach the judgement copy.

surjit singh (Assistant)     25 November 2012

Mr  s..i..n..g..h ,  you have a good case for appeal, and I think you are going to be successful in the appeal.


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