• 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 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.
Ashish Davessar
Advocate, Jaipur
19896 Answers
520 Consultations

5.0 on 5.0

state detail facts for best opinion
Nadeem Qureshi
Advocate, New Delhi
3997 Answers
159 Consultations

4.9 on 5.0

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
407 Answers
58 Consultations

4.4 on 5.0

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
565 Answers
20 Consultations

3.9 on 5.0

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
1385 Answers
104 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a Lawyer

Criminal Lawyers

T Kalaiselvan
Advocate, Vellore
18746 Answers
176 Consultations

5.0 on 5.0

Krishna Kishore Ganguly
Advocate, Kolkata
13951 Answers
309 Consultations

5.0 on 5.0

Ashish Davessar
Advocate, Jaipur
19896 Answers
520 Consultations

5.0 on 5.0

Devajyoti Barman
Advocate, Kolkata
7309 Answers
83 Consultations

4.9 on 5.0

Nadeem Qureshi
Advocate, New Delhi
3997 Answers
159 Consultations

4.9 on 5.0

Shivendra Pratap Singh
Advocate, Lucknow
3303 Answers
51 Consultations

4.9 on 5.0

Rajgopalan Sripathi
Advocate, Hyderabad
996 Answers
73 Consultations

5.0 on 5.0

Ajay N S
Advocate, Ernakulam
2070 Answers
24 Consultations

5.0 on 5.0

Kiran N. Murthy
Advocate, Bangalore
831 Answers
62 Consultations

5.0 on 5.0

Thresiamma G. Mathew
Advocate, Mumbai
1385 Answers
104 Consultations

5.0 on 5.0