Better u seek the detailed consultation by disclosing complete details in this case, so that exactly can be suggested to do.
Points to appeal
Hi. 10 yrs back somebody wrote exam in place if my sister and that guy caught by observer (Squad) and they filed case. My sister did not attend the exam that day as there was a family function in our home. Actually, neither my sister nor my family members asked that person to write exam in her place. Police made my sister as accused 2 and that person as A1. Police charged 417, 418 of IPC and sec 4 of public exam malpractice... Act. Hearings were going on throughout these 10 yrs and never in those hearings my sister was proved guilty. But, 20 days back final judgement came and in that judge punished both A1&A2 with 3 yrs imprisonment and nominal fine. Please advise how to proceed with the appeal and help us with some suggestions to get rid of this.
Asked 5 years ago in Criminal Law
Religion: Hindu
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
11 Answers
Respected sir...
As she got imprisonment of 3 years so she had right of bail with Imideat effact... Then hire an advocate for high court and give him papers he will tackle your case no need for worry these kind of cases will be acquitted by high court... Sir here you have not provided the version of fir not any information about evidence so plz put that first so we can advice you properly...
Thank you
See firstly file an appeal and stay on the order below so the sister is not arrested and jailed further appeal shall be on ground that evidence was not appreciated and there was no link between sister and the person.There is no evidence against the sister and court has not considered same.
You can file the appeal at sessions Court and get bail and suspension of sentence
It is necessary to peruse order passed by magistrate to suggest points of appeal
2) that your sister never authorised accused no 1 to give exams on her behalf
3) that said accused was not in possession of sister hall ticket
A criminal appeal should be filed in the high court. Engage an advocate in the high court.
Regards
Prove that admit card was with your sister at the time of examination.
Other person was allowed to give exam without admit card.
if photo was there in admit card it will make your defence strong.
Your this submission is not tenable that neither my sister nor my family members asked that person to write exam in her place.
How do that guy got admit card of your sister than as without admit card,no entrance in exam hall and who suggested you make boy sit in place of girl.
1000% person will get caught.
Appeal will prepare on the basis of order and finding of court agasint her.
Without seeing the judgment it will not be possible to suggest the grounds for appeal.
However if your advocate recommends appeal you may prefer appeal before the sessions court.
Before that she may have to apply for suspension of sentence and also bail till the appeal is disposed.
For grounds of appeal you may consult your own advocate or any other advocate in the local by producing the judgment copy before him.
- As per the information mentioned in the present query, makes it clear that your sister was never in touch with that person to appear on behalf of your sister.
- Before I would go ahead and help you out now, I want to say that you have made a big mistake by not approaching the Hon’ble High Court for quashing of the FIR against your sister.
- But, it’s ok as it happens that sometimes we do not get property advice.
- Now, you please file an appeal for the suspension of the sentence before the Hon’ble High Court and get it stayed (conviction) rather than going for the regular bail after getting arrested.
- And please this time get a good lawyer and if possible then get one lawyer for drafting and one for arguing.
Dear
It doesn't matter that your sister or family have knowledge that the person is writing exam on her behalf.
But you can file appeal by taking it as defence that this person have some personal grudge or he was suppose to give exam for some other candidate and by mistake he sat on seat of your sister.
Or you can make an application for suspension for sentence on basis of no previous criminal record.
