26nightingale thumbnail
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Posted: 13 years ago
#1
Rape is a crime and I know that as far as criminal cases are concerned, the State takes the cognizance of the case and the Public Prosecutor argues the case for the State on behalf of the victim. The victim need not to engage any lawyer for herself. The accused engages a defense lawyer. In HD,on behalf of victim, Rishi, may be a junior lawyer is arguing...I think not at all necessary and also not permitted. I guess I am correct.



In each criminal case, the Trial begins at Sessions Court and the charge is instituted under the sections of IPC and the case is proceeded as per the Cr.PC and the State takes the cognizance of the case and the PP argues on behalf of the State and has to prove the guilt of the accused.The State represents the victim in criminal cases. State is one of the parties in criminal cases.I guess.

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Edited by 62nightingale - 13 years ago

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jjkg thumbnail
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Posted: 13 years ago
#2
State prosecutor should be the prosecuting lawyer on behalf of Indira. I guess this is creative licensing😉
26nightingale thumbnail
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Posted: 13 years ago
#3

Originally posted by: jjkg

State prosecutor should be the prosecuting lawyer on behalf of Indira. I guess this is creative licensing😉



The Public Prosecutor is appointed by the Government after certain years of experience after fulfilling certain conditions of eligibility. Not just like that. Some process is there for their appointment. They only argue the criminal cases,I guess.
sweetone thumbnail
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Posted: 13 years ago
#4
i think they just want to portray the power of the DIWANS
67370 thumbnail
Posted: 13 years ago
#5
The Public Prosecutor will come in to play when the case goes for appeal in High Court from Court of Districts & Sessions. So to begin with they do need a Junior Lawyer.
Edited by Nels - 13 years ago
26nightingale thumbnail
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Posted: 13 years ago
#6

Originally posted by: Nels

The Public Prosecutor will come in to play when the case goes for appeal in High Court from Court of Districts & Sessions. So to begin with they do need a Junior Lawyer.



In each criminal case, the Trial begins at Sessions Court and the charge is instituted under the sections of IPC and the case is proceeded as per the Cr.PC and the State takes the cognizance of the case and the PP argues on behalf of the State and has to prove the guilt of the accused.The State represents the victim in criminal cases.I guess.

So whether it is Lower Court or Appeal Court,in criminal cases,State takes the cognizance of the case.State is one of the parties in criminal cases.


67370 thumbnail
Posted: 13 years ago
#7

Originally posted by: 62nightingale



In each criminal case, the Trial begins at Sessions Court and the charge is instituted under the sections of IPC and the case is proceeded as per the Cr.PC and the State takes the cognizance of the case and the PP argues on behalf of the State and has to prove the guilt of the accused.The State represents the victim in criminal cases.I guess.

So whether it is Lower Court or Appeal Court,in criminal cases,State takes the cognizance of the case.State is one of the parties in criminal cases.



I am not some one from legal background but I don't think State would intervene in Lower or Appeal Court. Concerning HD track, the charges are yet to be instituted. However, I personally feel that CV's are taking liberty in showing the exact procedure.
26nightingale thumbnail
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Posted: 13 years ago
#8

Originally posted by: sweetone

i think they just want to portray the power of the DIWANS



May be RD as he is the lead role.
rajh thumbnail
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Posted: 13 years ago
#9

Originally posted by: 62nightingale



May be RD as he is the lead role.



rishi is lead .so cvs using him as lawyer and this case should bring rishi and indira closer.

so cvs using creative liberty here.

otherwise rape should be represented by public prosecutor only.
as case is like--state V/S sameer.

even in movie damini [some what this case is similar to that] meenakshi uses private lawyer not public prosecutor.
Edited by 100raj - 13 years ago

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