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BHARTI KOTHARI (practising advocate)     11 October 2016

Plea guilty

Sir my cousine has been charged with 394 & 411 of ipc. He was in cusstody since March-2015. recently he has engaged advocate who has filled his vakalatnama on last date. That on this date the advocate could not be able to come for some practical reason and on that day my cousin has plead guilty before the judge. That judge has given him time to think over it till 4 p.m and lastly convicted him for three year. now my question is that he was under impression that the judge may release him as he was already in custody since long. secondly thare was no need for the judge to be in so hurry as he was already in custody he could have waited for the advocate to come and lastly even though the time has been given how a undertrial person surrounded by police can think till 4 p.m. now sir what to do in this case ? appeal, 482, writ ? please guide me.



Learning

 3 Replies

adv.bharat @ PUNE (Lawyer)     11 October 2016

Bharati ji U can make appeal against the order of court.

Sachin (N.A)     11 October 2016

What relief you want??

Argument on sentence ??

You want to plead not guilty?

or any other? 

NANDKUMAR B SAWANT (ADVOCATE./LAWYER)     11 October 2016

kindly note that.

1. The offence alleged under section 394 and 411 are triable by court of Magistrate.

2. The accued plea was recorded and he pleaded guilty by admiting charges.

3. Hence next stage as per procedure is conviction which court awarded.

4. The remedy available to accused is he may file appeal against conviction,. to the Honourable Sessions court mentioning actual facts and grounds and  pray to allow and arrange to quash and set aside the impugned judgement of the said court.

he will succeed . Good luck.

N.B.SAWANT..M.COM.LL.B., ADVOCATE HIGH COURT, MUMBAI.

 


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