GOKULDAS KAMATH (EX BANKER) 27 August 2014

Written statement of accused given to police

Respected Sir,

I am accused no.2 in a false and fabricated criminal complaint against me in 2008.After getting anticipatory bail,.I had given a detailed written statement to police station as demanded by PSI in which modus operandi of crime was explained to the police in detail.In this case Bank's funds were used to bribe some officials of educational institutions and Govt departments to get high value bulk deposits,but,I was made scapegoat.Police have filed the charge sheet in the JMFC court in July 2011.As per the documents submitted to the court by the police,there is no mention of my detailed written statement in the chargesheet and written document is missing..I think,police officials have possibly destroyed it either to avoid the detailed investigation or destroyed at the specific instructions of Bank officials so that real culprits are not exposed

Can I take any action at this stage .If so,against whom and how.Can I complain to SP( HIGHER POLICE OFFICIAL) OR Ante Corruption Buearau.Also kindly inform me whether the written statement of accused person is a .legal document or it can be ignored.Please advise

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3 Replies

Rajiv Chauhan (Advocate) (Advocate (Shimla) 7833999000) 27 August 2014

well you will have to face trial and you have to prove in the court that you are innocent.

adv. rajeev ( rajoo ) (practicing advocate) 27 August 2014

If chargesheet is filed then you will have to face the trial.

Ashok, Advocate (Lawyer at Delhi) 27 August 2014

A statement made by the accused to the police is not admissible in law. If it is a confession made by an accused before the Magistrate under the provisions of Section 164 Cr.P.C., then it is a different thing since that becomes admissible in evidence irrespective of the value to be attached to it. Due to this reason, a statement given to the police is not enclosed with the charge sheet and the police will not produce it before the court even during trial, since it cannot be taken on record, being inadmissible in evidence.

However, you are free to take your own stand during the trial, including what you had stated in your written statement or otherwise. This is the right given to the accused. In case you feel that you have been wrongly roped in the case, and if you find that the role ascribed to you in the charge sheet and the evidence disclosed against you in the statements of witnesses and documents produced along with the charge sheet is not sufficient, you can apply for discharge.

Otherwise, you can keep your own evidence in defence ready and use it as and when the trial is conducted.

Since the charge sheet was filed more than 3 years ago, I don’t think it would be of any use to complain now at this late stage about faulty investigation and asking for further investigation. You can use whatever evidence you have in your favour during the trial stage even if the police failed to put up that evidence. If so advised from legal point of view, you can also produce evidence (during trial) against other co-accused persons which may help you to get absolved of the charges against you.