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s..i..n..g..h.. (member)     06 December 2012

My case fall under which ? summon/warrant/summary trial

FIR registered under 498a/323/504/506 and 3/4 DP act

charged framed only on 323/504/506

accused free on bail after surrendering

trial run proscution produced 4 witness , exam in chief and cross exam done

313 stmt completed

no defence witness

judgment pronounced

What type of trial was above summon case/warrant case/summary trial ?

if judgment pronounced then which crpc will govern such judgment like whether it is crpc 264



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 3 Replies

Saurabh..V (Law Consultant)     06 December 2012

@Author

 

Pls understand, once a Chargesheet is filed after due investigation and then Trial Court goes through every witness and then pronounces the judgment, it is called TRIAL. It was a full fledge trial which got over very soon than you might have expected.

 

I know you might have felt it a summary trial due to short duration in which it concluded, but there is nother called summay trial etc. when formal chargesheet is filed.

 

I wonder what you would gain out of knowing "what it is called"? Whatever it was, it's already over and the accused is free. Isn't that a news good enough? :p

 

//peace

/Saurabh..V

s..i..n..g..h.. (member)     06 December 2012

Accused has been convicted not free so it is matter of worry.

judgment has major lacuna ( some vital statement recorded in judgment saying that the pw1  says such and such thing on page this , actually on record available it is not correct for main accused, judge took it by mistake )

now can conviction be set aside as it has prejudiced the accused not curable as per crpc 465

if judgment pronounced then which crpc will govern such judgment like whether it is crpc 264
 

 

 

 

Saurabh..V (Law Consultant)     06 December 2012

@Author

 

My observation about the trial still stand as it is. It was a trial only.

 

Now if there was a conviction, then you can move to higher court with an appeal. First you move an application for bail for the convicted accused and simultaneously file for appeal. In that court you can readily challenge the conviction based on incorrect facts being considered in the trial court and I'm sure if the trial court fell in error while reading the evidence from the statements of the witnesses, then appellate court shall certainly give you relief.

 

All the best!

 

//peace

/Saurabh..V


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