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1 of 4 accused wants his name removed  from case 1 of 4 accused wants his name removed from case

3 years ago

dear sir,
I was attacked by 4 unknown persons 4 years back and FIR was registered against them.

now brother of one accused approached me and requested to remove his brother's name from case giving reasons of his familiy problems.

he asked me to tell before magistrate that his brother was not involved in the incidence that time.

i dont want other 3 accused removed from case and must be punished .

will this approach be ok and wont affect the case or go against me . pls adivice.

Karan Bhardwaj

Responded 3 years ago

A.Hi,
If that specific accused was also involved and caused injury to you, then he must be punished. But, if you want his name to be dropped, refuse to identify him at the evidence stage (only if you have not got a chance to identify the accused at a previous stage).
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Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.Hi,
Even if he did not physically participate in the attack, he can be punished for sharing a common intention with the other attackers. If he was falsely identified as the accused, but is actually innocent, then you can request that he be removed as a party to the suit. Lying in Court amounts to perjury and is punishable under law, this can adversely affect your case and might even get the accused acquitted.
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Anik

Responded 3 years ago

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A.Hi,
If he was one of the people who attacked you, then he must be punished under law.
The magistrate might question your motives for wanting to remove his name from the case. Lying to the magistrate amounts to perjury and you will be punished if the truth is uncovered. As such, there is a chance it will adversely affect your case.
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Rajaganapathy Ganesan

Responded 3 years ago

A.During evidence identify all 3 except 1.
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