• What if accused do not lead the evidence

I am charged under 138 N/I Act.. but during trial my advocate did not lead the evidence and filed pursis without my knowledge... Now the case is in the upper court... please advise as to how important is to lead the evidence and how to defend if this question comes?
Asked 3 years ago in Criminal Law from Bangalore, Karnataka
You have stated that 'now the case is in the upper court'. Have you been convicted by the lower court? If not, then how has the case marched to the upper court? The entire case depends on the evidence. If no evidence was not lead in the lower court then there is a very remote possibility of the you getting a favourable outcome from the upper court.
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state detail facts for best opinion
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It is only during trail of case that evidences are admissible. Any appeal thereafter would not consider extra evidences that are introduced, therefore, having a favorable judgment from appeal is not expected.

thanks.
Feroz A. Shaikh
Advocate, Mumbai
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plz state clearly how your moved to upper court. are u convicted by lower court. plz specify for proper advice
Avdhesh Chaudhary
Advocate, Greater Noida
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Hi,
 The affidavit in chief lieu of evidence filed on behalf of the defense is  fine as it was the same defense you took in your reply, defense chief can be submitted in affidavit. . If the case is in the session  court in appeal and you have filed it, this means your punishment was based on the evidence in the lower court. Now no new evidence can be furnished, but can be brought in the notice of the court where the lower court did not consider the evidence produced before it.
Thresiamma G. Mathew
Advocate, Mumbai
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