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Thomas Dohling (Service)     06 October 2010

U/s 499 IPC

The lawyer of an accused/defendant who was on the verge of being sentenced in a defamation case, asks for postponement of next hearing/passing of judgement on the plea that more evidence would be produced at the next hearing.  The accused/defendant had already paid a fine to the village council when his accusation was proved to be false.  In your learned opinion, what document could be presented to prove/satisfy the District Magistrate that he should not be punished under Section 500 of the IPC?  What should be the approach of the petitioners' lawyer in this case?  Is the lawyer applying delaying tactics?  Surely the accused (of defamation) wouldn't be able to prove his innocence at this instance after having paid a fine for his action? Assuming that the document is related to the previous case, would it be pertinent to this case (under 499 IPC)?



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 1 Replies


(Guest)

every body should be given opportunity to prove his case whether prosecution or defendant. More importantly accused must be given all opportunities to defend his case. Let's wait upto next hearing what kind of evidence he brings. if they come with empty hands then you should lodge strong protest and ask the DM that they are using delay tactics and no furhter opportunity be given to them. surely having regard to the circumstances the case shall be put to judgement on next hearing


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