Trial under 420 after withdrawal of 471
Dear Experts Lawyers i need your kind advice on the case against my cousin. he is being charge under 471 and 420. After a prolonged battle in Honorable lower court, Section 471 has been withdrawn but 420 case is going on.
he is the sole bread earner for his family comsisting of old parents, young sister and two small kids. He totally uncertain about his fate however as on date he is on bail. Proposed case is related to submission of Caste Certificate to PSU.
Is there any precident where 471 has been withdrawn and accused was made trial for 420. What would be the fate of case.
Asked 2 years ago in Criminal Law from Delhi, Delhi
What is the sentity of 420 once, the 471 has been withdrawn. Accused had submitted the documentary evidence of prior to Independence from the respective Tehsil, which was honoured bt Honorable court and 471 was withdrawn.
Asked 2 years ago
1. The case has no doubt watered down a lot after dropping of section 471 though the same alone does not mean acquittal.
2. Since trial has started he will have to face it and defend him proper;y/ If he is honouably acquitted his job prospect will not be hampered at all.
3. Engage a good lawyer for defending him properly.
generally speaking if the case was based on the document which was alleged to be forged , then the sec.420 does not have nay base.
However needed to see the FIR to know why charge under 420 IPC has been retained while U/s 471 IPC dropped.
what was the step taken in the court . did he filed a petition to drop charges and court dropped 471 and found him guilty under 420?.
If so his option is to defend it with all available means of evidence to prove his innocence, it will be favoring him in the trial as 471 is dropped .
if the document submitted was genuine then the intention of submitting it knowing that it was not a genuine one is difficult to prove.
If the sufficient evince has been found to maintain the charge under 420 , the same can be tried while other charges are dropped due to lack of evidence.
The Charge sheet and the contents of FIR as well the statement of witnesses are to be seen for giving a proper opinion. Just because section 471 was withdrawn, the accused cannot be discharged for an offence under section 420 also.
What are the charges for the offence under section 420?
If you feel that you have merits in your side you can challenge the case during trial accordingly. Just because he is the sole bread winner, the court cannot have sympathy towards the offences charged against him.
1. Withdrawal of one section, when there are multiple sections in the FIR, does not reduce the vigour of the other sections which are slapped against the accused. This is the basic law.
2. Nobody can foretell you the fate of the case. Every party to the case remains uncertain about the fate till such time that the judge pronounces his judgment.
3. Your cousin should prosecute his defence.
1. These two are two separate sections of IPC,
2. Application of these two sections can be interconnected or applied separately referring to two separate causes of action,
3. So, even after withdrawal of section 471, the charge u/s 420 of IPC can be persuaded.
1. If both the sections have been put against same cause of action, then section 420 should be withdrawn if section 471 of IPC has been withdrawn,
2. If section 420 of IPC has been shown as put against some other cause of action, then it can be continued for trial.