Only on the report it is difficult to convict a person other corroborating evidence is required. Defamation case can be filed only when there appear no prima facie case against your brother. In this case it's different. Defamation will not stand
Advice on defamation matter
There was dispute between me & my 15 years old younger brother as he committed some acts like transferring of vehicles & withdrawing amounts from banks by forging my signatures. Thereafter police complaint was made & police took my & my younger brother handwriting & specimen signatures & send to CFSL agency for matching the hand writing with documents by which forgery was committed and after the opinion report from CFSL a FIR U/S 420,467,468,471 was registered against my younger brother there after the trial in 2014 started in district courts under title state v/S my younger brother now all of sudden in 2020 the court acquitted him by giving him benefit of doubt. My questions are... 1. Can a court acqcuitt accused charged under serious forgery sections secondly where there is CFSL & other document evidences against accused. 2. No witness produced by accused which could have proved accused insocent. 3. Now if I don't go for appeal then can accused file defamation case against me.
Asked 5 years ago in Criminal Law
Religion: Sikh
16 Answers
1. Well seriousness of charge alone doesn't ensure conviction. Its to be noted that graver the charges greater is the degree of proof which is beyond reasonable doubt.
2. Well the burden of proof is upon prosecution to prove guilt. There is no burden on accused to prove innocence.
3. No defamation lies on the ground of acquittal unless the case is proved to be ill conceived and mala fide.
If the papers related to the trial is shared then merit of the appeal can be commented upon.
It is necessary to peruse order passed by trial court to advice
2) on basis of opinion of CFSL your brother should have been convicted
3) file appeal against impugned order
4) no case of defamation is made out
No never. Filing a case even false is not a defamation .
Nothing more to explain.
1. The general rule is that the burden of proof is on the prosecution. if the prosecution fails in establishing its case, the result will be the acquittal of the accused,
the gravity of sections imposed have no relevancy here, however, an opinion on the CFSL report can be given only after going through the relevant documents/contents,
2. in the said case, the prosecution fails in establishing its case, which resultantly favored the accused,
3. you can go for the appeal, rather, you should file an appeal,
opinion on the defamation chances can be given only after going through the relevant documents/contents,
1. If you are aggrieved over the decision of court, as a defacto complainant you can very well prefer an appeal against the aggrieved judgment before the appellate court.
2. You cannot comment on the court's judgment, but you can always prefer an appeal, it is the discretion of court.
3. He cannot file a defamation case against you because he has not been found innocent, but he was acquitted since the prosecution could not prove the charges beyond doubt, hence he was discharged/acquitted from this case on benefits of doubt.
In any case he can file a case against the police alone for a malicious prosecution and not a defamation case against you.
1. Court is free to acquit an accused from any charge framed against him. No court of law is bound to convict the accused.
2. CFSL report alone cannot be the basis of conviction. Nothing can be said about 'other documentary evidences'' unless those are perused.
3. Accused does not necessarily have to produce any witness in his defence evidence.
4. Accused is free to file a suit for damages on account of malicious prosecution but he will have to prove that prosecution in the first place was launched with malice.
- As per law, In any case, the evidence is not enough to show that the explanation offered by the accused cannot reasonably be true, and so the benefit of doubt must go to him.
- Further, under section 105 of the Indian Evidence Act, when the burden of proof lies upon an accused person that burden can be discharged by showing preponderance of probabilities.
1. Hence , as per law, Court cannot only perused the said CFSL report , only , but is also bond to see the other evidences , and the probabilities as well.
2. Without going through the order of acquittal , it is premature to comment .
3. No, he cannot file a defamation case on the basis of order of the court legally.
- However, your case is showing the ground of Appeal against that order/judgement.
1 and 2 ....
Detailed judgment order is required to be studied to tell that Benefit of doubt which acquitted your brother.
3. No, Defamation cannot be filed.
1. Depending on the way the Prosecution let the evidences & witnesses & Final arguments, the Court acquits or convicts the Accused.
2. The guilt of accused is to be proved by the prosecution and the accused can choose not to defend himself, under the parameters of Cr.P.C.
3. Defamation case filing limitation is 3 years from date of filing FIR /Complaint. This period is long over.
Dear Sir,
The benefit of doubt always goes in favour of accused and that's why your brother might have been acquitted. However, you are suggested to go for appeal of the order passed by the trial court. Your brother can't file defamation because their is benefit of doubt and no clear evidence that she was falsely implicated.
Benefit of doubt goes to accused only however serious the offence is.
You can file an appeal if trial court failed to duly appreciate the evidence.
FSĹ report is not conclusive piece of evidence unless baked by supportive evidecne.
Onus shift on accused to prove innocense only when prosecution prove its case.
Defamation limitation may have passed. Rest whether appeal will admit or not can advise by perusal of order.r
In order to give clarity on your post, the lower court's order needs to be perused.
The orders passed by lower court might not be only based on CFSL report, it would have considered other material placed before it.
After obtaining the order copy, based on the grounds on which the impugned order is passed, you may have to to file appeal.
The grounds for Defamation have not been made out. There are no chances of filing Defamation.
The prosecution has to prove its case beyond reasonable doubt. The prosecution theory must be without any holes. Maybe the prosecution didn't prove the case. That is why he was acquitted. But that is not acquittal. That was discharge giving him benefit of doubt.
No he cannot file a defamation case. That is ridiculous.
You may go for appeal.
1. Yes because court have acquitted him due to benefit of doubt.
2. It doesn't matter that accused produce any defence witness or not.
3. Yes you can go for appeal and your brother cannot file defamation case against you as complaint given to competent authority doesn't considered as act of defamation.
he cannot file a case of malicious prosecution.
