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MOHANA SUNDARAM (Advocate High court Madras. M-9840908555)     27 March 2010

Moral convictions?

If a injury is not one among the eight kinds of injuries mentioned in section 320, but doctor opined it as grevious injury. Whether a person can be convicted u/s 326?

 

further the complaint was registered after four days and  four eyewitnesses deposed different time and different place of occurance. The Victim was hospitalised after two days of occurance.

 

i have submitted many judgements in favour of accused but the trial judge convicted despite those judgements.

 

Further he openly admitted that there are number of flaws on the part of prosecution and case will suceed in appeal and also admitted that he is giving moral conviction.

 

whether moral conviction is sustainable?



Learning

 2 Replies

adv. rajeev ( rajoo ) (practicing advocate)     28 March 2010

I think judge was predetermined to convict the accused,.  Try in an appeal.

G. ARAVINTHAN (Legal Consultant / Solicitor)     28 March 2010

Judge may be biased ..You have good grounds for appeal. Better to proceed in appeal. Acquittal is must


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