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Post by Somorjit Yengkhom on Feb 11, 2014 18:08:49 GMT 5.5
READERS ARE WELCOMED TO MAKE AN ENQUIRY ON ANY LEGAL ISSUES. BE MY GUEST.
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Post by Thoithoi O'Cottage on Feb 26, 2014 1:42:25 GMT 5.5
Oja Somorjit Yengkhom, thank you for the kind offer. Here is a query: [HASH]1 Rights of and Compensations to the AcquittedWe often come across cases especially in big busy towns and cities of X pulling Y in to the court just because X is angry, and anybody can file a case against any other person if they think they have been wronged. Let’s imagine a scenario: X and Y have a heated argument about something that leads to a quarrel without any physical struggle between the two. X accuses (just because he is angry, and is not much aware of the law) Y of misbehavior in/to a legally culpable way and degree, when Y is innocent, wrong neither ethically nor legally. However, X proceeds to file an appropriate (say an assault case) against Y, and Y has to go to court, and go through the tiring grinding of the legal mill, because the law has to process the case in its usual formal course. Finally, Y is proved innocent, and he is acquitted. However, in such legal cases (depending on the severity of the crime a defendant is accused of) the grinding of the legal mill can destroy many innocent lives, even those who could have been great minds. As such is the possibility, if a rich and powerful person P wants to destroy a weaker or a less powerful person Q by accusing him of a crime he did not commit. In this, P’s power can keep him unaffected adversely by the long, tiring and expensive grinding of the legal mill, while Q’s life, despite his ultimate victory, has already been damaged during the process, quite like Ray Gibson (Eddie Murphy) and Claude Banks (Martin Lawrence) ending almost all their life in prison in the Ted Demme film Life (1999). Currently in India after the toughening of the law against sexual offences after the 16 December 2012 Delhi gang rape case, false rape cases has increased. The Times of India reported on Saturday, 22 February 2014: You may also be interested in some of the false case related comments on a story here. Acquittals are not to be seen as a matter of relief. Many innocent people were thrown into trouble by many just because they were angry or just because they hated the accused. In fact, in India’s social conditions in which women (despite the country’s romantic mother and mother goddess figure of women) are treated quite pathetically, protected by the law, women can do a lot—even false complaints are entertained by the police, and as cases are filed, they (whether false or true) have to be processed in the court. In such a situation, the life wasted during the legal processes is lost forever; however, are there some legal cares provided to the acquitted, be it compensations? In such cases, are the plaintiffs of the false cases legally culpable for their false complaints, or do they go scot-free? How are such things taken care in the Indian law? What are the rights of the acquitted in such cases?
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Post by Somorjit Yengkhom on Feb 27, 2014 14:53:58 GMT 5.5
BRO, THOI THOI, THERE IS A FIELD OF LAW ON PERJURY, MALICIOUS PROSECUTION, ETC. NO PERSON IS ALLOWED TO ABUSE THE LEGAL MACHINERY FOR HIS PERSONAL SATISFACTION...THE PROBLEM IS NOT THE MACHINERY BUT THE ONE WHO INTENDS TO MISUSE IT...UNFORTUNATELY, IN INDIA, WE HARDLY MAKE USE OF THE LEGAL WEAPON FOR PENALIZING PERSONS ABUSING PROCESS OF LAW....IT WILL COME UP TO OUR EXPECTATION ONLY WHEN WE ALL ARE AWARE OF THE EXACT POSITION OF LAW...
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Post by Thoithoi O'Cottage on Feb 27, 2014 15:17:59 GMT 5.5
Yes, yes. No person is allowed to abuse the legal machinery. The problem is we are never formally sure if a case filed is against a genuine offence until the case is heard. Therefore, even a case with a malicious intention of prosecution has to be processed (if the plaintiff is insistent on prosecution) in the formal legal way before the case is eventually decided to be a false one. However, in the process, depending on the nature and severity of the case, the life of the accused can be damaged.
This is not the problem of the law, or legal machinery, but such things can happen (a lot happen indeed) because there are malicious people in the world. You may get consolations, receive compensations/remedies in the form of money, and the malicious persons may have to meet their Nemesis by serving their own prison terms or getting other penalties, but if you have spent your life in a serious legal trouble (which has disabled you to do anything during your prime), nothing can make up for the lost life. This is really a sad thing. Yes, it's none of the fault of the law or the legal machinery.
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