Innocent – how long will it take to prove

[Ann]

I am a college student , I was accused in a criminal case but however I’m innocent I was accused of breaking a girl’s hand but this never happened, this case was filed due to personal grudge , college authorities have submitted a report saying that such an incident has not occurred because there are no witnesses .
This case was filed in January and so far nothing has happened in the court my question is how long will it take to prove that I’m innocent and also proving my innocence I feel is difficult because so far police hasn’t been cooperating they did not even do an investigation but however they wrote a final report and submitted it to the court . After my graduation that is in two years I had plans to continue my studies abroad but will it possible for me to leave the country then my passport also needs to be renewed soon , will I be able to do it ?

[Dr. Ashok Dhamija]

Your question is not clear. You have mentioned that the police has filed a final report in court, but it is not clear whether it is a charge sheet or a closure report.

If it is a charge sheet, then it may take a longer period to complete the trial; generally it takes a few years. However, if you feel that there is no evidence against you, you may try filing a discharge application in the trial court. If the court discharges you, the matter may end there (subject to appeal / revision, if any, by the opposite party).

On the other hand, if the final report filed by police is a closure report, then the complainant will be given an opportunity by the court to file his/her protest petition, and thereafter the court may accept the closure report or may take cognizance of the offence, depending upon its decision in the matter.

If the case is closed, it should not come in the way of your going abroad for studies. On the other hand, if the case is under prosecution, then it may depend upon the bail conditions and you may have to seek permission from the court for going abroad.

     

---

Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Ann]

Sir I don’t know whether it is a charge sheet or closure report , I will ask my lawyer.
But sir there are no witnesses because such an incident did not happen though the person who filed the case have few named a witnesses they have said that they haven’t seen such an incident happening but however that person has submitted a medical report from a private hospital .
But since there’s isn’t any much evidence will I be able to prove my innocence soon ?

[Dr. Ashok Dhamija]

It is not possible to comment on the facts of the case, without actually seeing the evidence in detail, since it is generally a complicated issue. Since you already have engaged an advocate, it is better to obtain opinion of your advocate as far as facts are concerned.     

---

Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Author]

Posts