Cbi case - prevention of corruption act

suresh bhogle (Querist) 05 June 2013 This query is : Resolved
weather the accused can be convicted merely on the basis of conjectures and surmises under prevention of corruption Act?

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V R SHROFF (Expert) 05 June 2013
very few conviction. case usually fails in corruption cases

Guest (Expert) 05 June 2013
Depends upon how effectively you or your advocate presents the case of defence before the judge.

R.K Nanda (Expert) 05 June 2013
not possible.

Raj Kumar Makkad (Expert) 05 June 2013
Until you post the relevant facts, no concrete reply is possible otherwise may be or may not be is the answer to your query.

J K Agrawal (Expert) 07 June 2013
Never Possible. Every conviction is only on strict proof of facts.

Guest (Expert) 07 June 2013
Agarwal ji,

In corruption cases handled by the CBI against Government servants, circumstantial evidence also becomes a factor to decide the case, even when there is no "strict proof of facts". So, there is always a need to smash the theory of the CBI by the defence advocate. If that aspect is also not tackled appropriately during trial, conjectures and surmises under prevention of corruption Act do work against the Government servant. That is the reason I stated in my earlier post that that depends upon how effectively the querist or his advocate presents the case of defence before the judge.

J K Agrawal (Expert) 07 June 2013
Thanks sir I can realize that requirement of strict proof will give way to offenders.

Sudhir Kumar, Advocate (Expert) 29 June 2013
No facts stated. No advise being given.

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