Acb bribery case
Querist :
Anonymous
(Querist) 06 May 2020
This query is : Resolved
In the year 2002 my father was trapped by ACB in demand of bribe case in our house. The grievance of the complainant was – “AO (my father) is demanding rupees 5,000 for signing on the coupons”. My father has the authority to sign on the coupons. The complainant requested my father to sign on extra coupons for which my father rejected and keeping this in mind complainant lodged a complaint to take revenge. Coupons will be in the possession of the complainant. At present we have appealed in the high court of Telangana.
We have gone through our case file and we are in a position to prove that on the date of trap the complainant failed to bring along with him the coupons, on which my father has to sign, to our house to obtain my father’s signatures. Even DSP ACB has not bothered to ask or to produce the coupons on the trap day.
In our opinion, the coupons are very important on the trap date and in our case because the complaint itself is all about “signing on the COUPONS” and how my father will sign on the coupons if he has not carried the coupons with him. No ACB official asked complainant whether he is carrying coupons along with him or not to AO’s house and to cover this mistake they have manipulated the pre and post trap proceedings.
The question is – How we can use this fraud (not carrying coupons itself) to our defence in the court? To what extent this will be helpful to get acquittal? Is this enough to get acquittal? Are there any relevant case laws which we can refer in the court?
Raj Kumar Makkad
(Expert) 06 May 2020
Though the coupons are essential to be brought on the file by the prosecution so as to establish the crime allegedly committed by your father but mere lapse on the part of the prosecution is not sufficient to opine whether your father shall be acquitted or not. Entire evidence is required to be gone through before framing definite opinion. It shall be better to discuss with your lawyer who is having the file of your father containing all the facts and evidence.
KISHAN DUTT KALASKAR
(Expert) 06 May 2020
Dear Sir,
While agreeing with the opinion of Expert Mr. Raj Kumar Makkad, I would like to add the following.
You may read few related judgments rendered by lower courts available on the websites of different District Courts which gives you an idea as to which materials will be taken into consideration etc.
Dr J C Vashista
(Expert) 07 May 2020
How the matter has reached AP & Telangana High court at the trial stage, where the signed coupons are demanded/ required to be produced by ACB?
Sudhir Kumar, Advocate
(Expert) 07 May 2020
You have actually not been able to convey the issue of non-production of coupons.
You seems to have lost attention of more vital facts which decide conviction/acquittal :-
(i) whether money has been accepted by the accused?
(ii) If so, why this transaction was there?
(iii) whether money has been recovered from the accused?
P. Venu
(Expert) 07 May 2020
Any suggestion depends upon the decision of the trial court, apparently, convicting your father. No definite suggestion is possible unless the said decision is perused.
Rajendra K Goyal
(Expert) 07 May 2020
Agree with the expert Sudhir Kumar ji.
The facts relating to above questions are more related than the cupones. Defense should more be focused on facts related to above questions.
T. Kalaiselvan, Advocate
(Expert) 07 May 2020
You have mentioned that an appeal has been preferred before high court.
Thus it can be concluded that your father has been convicted by the trial court against which this appeal has been preferred now.
Now at this stage you have discovered that the coupons were not carried by the complainant at the time trapping the accused.
Why this though had not come to you during the conduct of proceedings in the trial court?
This question should have been put before the complainant during cross examination and his complaint or allegations should have been nullified at that time itself instead of raising this defence at appeal stage.
In my opinion, this may not be entertained by high court afresh if this point was not discussed by the trial court, however you may discuss with your advocate and proceed on the suggestions received.
T. Kalaiselvan, Advocate
(Expert) 07 May 2020
You have mentioned that an appeal has been preferred before high court.
Thus it can be concluded that your father has been convicted by the trial court against which this appeal has been preferred now.
Now at this stage you have discovered that the coupons were not carried by the complainant at the time trapping the accused.
Why this though had not come to you during the conduct of proceedings in the trial court?
This question should have been put before the complainant during cross examination and his complaint or allegations should have been nullified at that time itself instead of raising this defence at appeal stage.
In my opinion, this may not be entertained by high court afresh if this point was not discussed by the trial court, however you may discuss with your advocate and proceed on the suggestions received.
Sudhir Kumar, Advocate
(Expert) 08 May 2020
anyone having slight sympathy with you shall not be replying without facts.
Hemant Agarwal
(Expert) 09 May 2020
1. Appeal in High Court against order of Trial Court findings shall be infructuous and devoid of any merit, in terms of any missing or subsequently found evidence.
2. However you can plead in HC, to have the matter remand back to Trial Court for de novo trial proceedings, wherein in the Trial Court, you may raise your herein mentioned plea.
Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com
