• Chain snatching attempt

Hello,

My mother was a victim of a chain snatching attempt 3 years ago. The chain snatcher left his mobile at the incident. She filed a FIR, the the accused has been identified.The court has been calling her as witness for attending the court hearings. She attended few and others she could not. The reason behind that is she stays with me most of the time in U.S.A and the case has just been dragging for these years. I have not been able to attend the court hearings so far, so my mother had to attend them alone.

What can be done to expedite this and end this. I see no reason why my mother has to bear all this . How many times do you need to come for witness. 

Thanks,
A worried son
Asked 7 years ago in Criminal Law
Religion: Other

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8 Answers

Has the evidence of your mother not been recorded by the prosecution? Since your mother is the complainant and eye witness she is required to appear before the court only for the purpose of recording of her evidence. So if her evidence has not been recorded thus far then on the next hearing she should apply to the court to record her evidence, whereafter she is not required to appear personally before the court.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1.Since she is the de facto complainant of the case it is essential that she records her statements and face cross mination so the trial commences and ends .

2. it is not clear whether her testimony has started or not.if it has been started then it has to be concluded as well by facing cross examination from the defence side.

3. DO note that if she is untraceable in india due to her stay with you in USA the court must have issued warrant of arrest agaisnt her in the meantime.

4.So engage an advocate and take information.

5. if W/S is issued then she will have to take bail fast and then complete her statements.

6. It takes time in India to conclude a trial.She ahs no other option.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
497 Consultations

5.0 on 5.0

1. If the evidence is not being recorded despite the repeated appearances of your mother before the court then your mother should engage her own lawyer and apply to the court with an appropriate application.

2. The lawyer of the accused has a right and duty to cause discomfort to the prosecution witnesses to impeach her credit.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Since your mother is senior citizen request court to grant short dates

2) mention mother is residing abroad and has to come down to India specifically for recording her evidence

3) court would consider your mother convenience into account and grant short dates

Ajay Sethi
Advocate, Mumbai
95197 Answers
7607 Consultations

5.0 on 5.0

Dear Querist

Your mother is witness as well as complainant and she has to examine before the court for her testimony and opposite counsel/accused has right to cross examine her, if the matter is in USA then USA law shall be apply.

but if the case is pending in India then your mother may file an application before the court for compounding the offence and matter shall be settled amicably with the accused but in this situation the accused will get an acquittal and can not be punished/convicted.

Feel free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

Without her presence her evidence can not be recorded.

If the questions have relation with the case then you can oppose even if the questions are uncomfortable.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
497 Consultations

5.0 on 5.0

What can be done to expedite this and end this. I see no reason why my mother has to bear all this . How many times do you need to come for witness.

As you rightly observed, your mother being a defacto complainant and prosecution witness, she need not attend the court on each and every date of hearing.

She has to attend the court only when she is being summoned to depose evidence as a witness to the case and for cross examination.

You can enquire with the concerned police or the assistant public prosecutor about this and can bring this to a halt.

In the meantime you may engage the services of a private advocate, learn the status and ask the advocate to assist the prosecution by filing a petition so that the trouble to your mother can be avoided.

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

5.0 on 5.0

What is the process of applying for recording her evidence ? Does this need any approval ?

She has to attend on the date of hearing, step into the witness box, adduce evidence and answer cross examination on the same day.

There is no special process except the said procedure to be followed.

The accused has a lawyer and asks ridiculous questions and makes my mother uncomfortable. I guess the lawyer's objective is to not allow my mother to have her evidence recorded .

Dont go by wild guesses, this is a part of a lawyer's profession, it may appear ridiculous, but it is routine.

If the lawyer is into excess beyond the permissible limit, the APP will object to this.

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

5.0 on 5.0

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