- This topic has 18 replies, 12 voices, and was last updated 1 year, 2 months ago by
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MMy brother is 17y we live in Mumbai, on a day in January he was playing cricket with his friend on an empty road near his college while batting he mistakenly hit an Aunty who was coming from behind with her husband she was conscious and the boys directly took her to hospital where the doctor took MRI and informed us that there is no major injury but swelling the uncle didn’t let my brother pay for the hospital charge and told them to go since there was no problem.
Next day the Aunt’s brother started calling my brother and his friends saying that the Aunt is admitted in hospital and is very serious when my brother went there the guy showed new MRI report showing minute fracture on head and said she is in comma but my brother saw her on bed in good condition so he went away from there thinking he his trying to scam us.
Next day after my brother got call from Police station mentioning that there’s a NC on his name, when we went to Police station we found that the Aunt’s brother was friend with Police and they were asking us to pay around 20k to settle this matter but we rejected it since my brother is juvenile and we thought there won’t be any case as the lady was also ok.
So the Aunt’s brother filed a FIR on the guy who was balling who was 18y along with my brother’s name.
Since there was an FIR on my brother’s name we were called in court, before going to the court the lawyer asked my brother to plead guilty and say sorry so that he can close this case by just paying a 1k to 2k fine.But the judge asked my brother to explain the whole scene on hearing the complete story the judge said that there is no mistake on my brother’s end and there will be a trial with the opposite party on next hearing that is on April 17th.
So Friends I will need your help to answer the 3 questions below.
1. What should we do ahead, should we pay some amount to the opposite party and ask them to close the case?
2. My brother is going to be 18yr in few months and one lawyer said that if there’s a trial after he turns 18 he will questioned and charged as an adult and not as a Juvenile, is this true because what i understand is the age at which the crime happened is considered.
3. In court should we plead guilty?
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BNot a Lawyer , but here is my advice.
They are definitely trying to scam you.
1]Don’t pay , just go along with trial.
2]As far as I know , if someone commits a crime in juvenile age then no matter what his age will be at the trial he will be treated a juvenile. Few rare cases were there when they are treated as an adult but as you said he has few months before turning 18 , so don’t worry.
3]Nope , don’t plead guilty it will be a mistake. Keep those MRI documents safe and ask his friends who were playing them to testify if it’s required.
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SKeep calm and gather all evidence. Gather copies of all medical records for the lady via your lawyer. Get a professional opinion from the third doctor.
Jot down every small detail from the day of incidents to the last interaction with family on piece on paper so that you don’t forget any important facts during the phase of the case.
Try to talk with the lady and husband, apologize for any injury ( after discussing with the lawyer ) and try to mutually settle the case if possible.
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UNAL.
But have a question for lawyers as i have interest
“Aunt’s brother filed a FIR ” – how does Aunt’s brother have any locus standi in this matter if he was nowhere in the vicinity during the incident. -
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UAs per Section 2(35) and Section 6(2) of the Juvenile Justice (Care and Protection of Children) Act, 2015, the age of the child at the time of the offence is what matters.
Even if the case continues after he turns 18, he will still be considered a juvenile for this case.
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FTrial is always tricky,it’s better to settle this outside court legally with both the parties lawyers involved. He has whole life ahead of him,don’t listen to stupid advices like go on with trial ,they are trying to scam and all, He has done a mistake even though unknowingly, if trial doesn’t go in your favour,his entire life will be screwed
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MReally fed up of this case bro need to get out of this anyhow. I’m suprised that people do case for such minor mistake.🤦♂️
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MNAL
Please feel free to point out of I sound stupid or incorrect.
but can’t you get the first MRI that was done which shows aunty has no actual injury?
And doctors at the hospital can confirm that aunty is/was not in coma.
Or does the FIR or any document even suggest that aunty is in coma or anything related?
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