I have an accident case under section 279 and 338. i am the accused and hit two persons from my car in which both of them suffered grievous injuries. i had paid some compensation towards hospital expenses for one of the victim. the chargesheet in my case is filed on the 117th day of the accident that is beyond the 60 day period. the accident happened as another car came in my lane from the parallel lane at a high speed and to avoid collision, i applied brakes but hit the divider due to which the tyre burst and car went out of control. it therefore hit the two motor vehicles coming from opposite direction. my wife and mother were also in the vehicle i was driving.can they testify in the trial?
please advise quantum of sentence if found guilty by court. can the delay in filing the chargesheet be a mitigating factor for my case. i had filed the same statement when taking insurance claim for the damage to my car and received full compensation. does it mean that the surveyor of the insurance company agreed with my description of the accident after inspecting the damage to my vehicle? should i try to obtain the report of the surveyor from the insurance company.
Asked 2 years ago in Criminal Law from New Delhi, Delhi
1. The cross examination in this case aaside you can extract the actual cause of accident then your criminal negligence comes to naught.
2. Do remember that the initial burden of proof lies on prosecution only.
3. Delay in submission of charge sheet is of no consequence.
4. Engage a seasoned criminal lawyer.
Best of luck.
1. The delay in the submission of the chargesheet can be the foundation of a lesser sentence.
2. The report of the surveyor is not to be taken into account while fixing the punishment or deciding your guilt.
3. If the sentence is high you can always challenge it in a higher court.
The quantum of punishment for offence u/s 279 IPC will be imprisonment for 6 months or fine of Rs. 1000/- or both.
The quantum of punishment for the offence u/s 338 IPC will be imprisonment for 2 years or fine of Rs. 1000/- or both.
During defence evidence, you can put them as witness from your side.
Delay in filing charge sheet cannot mitigate the punishment. That is a matter of argument.
The insurance compensation will not be considered in criminal case but it may be used to corroborate your defence.
1. You are in a legally advantageous position since the charge sheet was filed late and also as the surveyor of the insurance company can testify about the accident which he has surveyed,
2. The above will certainly go in your favour,
3. You have not informed as to what have been mentioned in the said charge sheet,
4. Find fault with the charge sheet and contest the case fittingly with your surveyors report stating that delay in reaching the accident spot by the police has resulted in to the biased and concocted charge sheet,
5. Engage a lawyer having expertise in this field.