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Shree. ( Advocate.)     17 March 2008

Whether trial under sec. 307 is much difficult than Sec.302??????

Whether trial under sec. 307 is much difficult than Sec.302??????

Though both trials are Session Trial and offences are cognizable, the allegations u/s 307 are much serious and the victim of assault is alive, whose deposition has paramount consideration.
The Trial u/s 307 is of direct evidence whereas the trial u/s 302 may be of circumstatial or direct evidence.
Is it suitable to lead evidence on behalf of accused in the Trial u/s 307 after recording statement u/s 313 Cr.P.C., though presumtion of innocence is in favour of the accused.


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 2 Replies

Prakash Yedhula (Lawyer)     17 March 2008

As you rightly pointed out, to conduct case in 307 case is tougher if the victim does not turn hostile when compared to a 302 case where there may not be any direct evidence to the crime. Yet in India the conviction rate is very poor compared to other countries due to the weak case putforth by the prosecution.

Shree. ( Advocate.)     18 March 2008

thanks for ur valid reply Sir.

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