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Optic Globe (Nothing)     10 October 2015

What does it mean by case of no evidence ?

In a case related to student strike in college, the sessions judge posted the case for hearing under
232 Cr. P. C. Eventhough there is witness testimony in this case, there are  lot of major contradictions, discrepancies, omissions etc at the first look itself ( ie, without need of interpreting and bringing out contradictions, discrepancies, omissions etc ). My advocate says that generally Judges skip this step, ask for defence witnesses if any, and proceed for final hearing in this situation. But, unexpectedly our judge posted it for hearing under 232 Cr. P. C. So the inference of my advocate is that Judge has an opinion that this case may be fit for acquittal under 232 Cr. P. C. My advocate is a very Junior Advocate.

My question is, WHEN WITNESS TESTIMONY IS FULL OF MAJOR CONTRADICTIONS, DISCREPANCIES, OMISSIONS ETC AT THE FIRST LOOK ITSELF, IS SUCH A SITUATION A CASE OF NO EVIDENCE ?



Learning

 1 Replies

adv.raghavan (Advocate,9444674980)     10 October 2015

To my knowledge what u think is right, i am wondering howcome the other side (defence ) side didnot ask for dismissal of the same.


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