apeal by wife against aquittal in 498A

[Aneesh Trivedi]

i got clean aquittal in faslse 498A, the link of judgement is http://district.mphc.gov.in/upload/district_jo/damoh_db_nc/orders/220612027702009_1.pdf
please do guide by reading judgment what will be result of appeal.
how much time it take to complete.
the wife filed this under sec 374(4) is it by typeing mistake it should be 378.
should i have to present on every date?
if i did not take notice then? can i prolong it by not taking notices?
as custody case i filed is going on will appeal though notice not reached to me affect it ?
what would be my defence?
can i file counter case of perjury and defamatin?
what other counter case i can file /
thanking you.

[Dr. Ashok Dhamija]

It is not possible for us to read your judgment and guide you on facts of the case. Please engage a lawyer for this purpose.

Appeal against acquittal is filed under Section 378 of Cr.P.C.

Normally, the accused in the case of appeal against acquittal should get exemption from personal appearance. However, these issues are in discretion of the appellate court. For example, see the provisions of Section 390 of Cr.P.C. in this regard:

“390. Arrest of accused in appeal from acquittal.— When an appeal is presented under Section 378, the High Court may issue a warrant directing that the accused be arrested and brought before it or any subordinate Court, and the Court before which he is brought may commit him to prison pending the disposal of the appeal or admit him to bail.”

For your defence, consult some lawyer by showing him full papers.

Whether a case of perjury and/or defamation is made out, would depend upon the detailed facts of the case. Show the papers to some local lawyer at your place.

     

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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.

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