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Anil Pasupala   18 June 2016

No dates of incidents in charge sheet

Dear Experts,

Finally I got the copy of charge sheet in my case of 498A, 323,506 DP act 3 and 4, The charge sheet is only the copy paste of FIR, and statements of LW2-LW5 all false and not related. There is no particular dates about the said incidents and allegations, only they mentioned about the marriage date .statements of witnesses also Cleary stating that they heard only about the incidents not seen the incidents in person. more over all from LW2-LW5 are siblings of LW1 (wife).As I heard dates are very important to establish any offence, if at all we take consideration of offences, they must have mentioned about the particular date and place,?? if there is no such dates then I can go for quashing of the charge sheet?? Because of weak statements and not matching statements of incidents.

Thanks in advance dear experts.



Learning

 2 Replies

prabhakar advocate (advocate)     19 June 2016

I absolutely agree with Sh. Gonjare about quashing before HC or discharge before trial court.

Dana Kayoni (Expert Humanitarian and Lawyer)     19 June 2016

If dates are not there case becomes weak, acquittal chances are more.  Dont worry you will get accquitted if your counsel is able.


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