Prevention of corruption act

sakthi (Querist) 16 July 2015 This query is : Resolved
I am charge sheeted by the CBI in a corruption case. One of the VIP witness during cross examination has deposed that he was not enquired by the CBI. However, CBI has furnished 161 Cr. PC statement in respect of the above witness. He was a witness who speaks about my expenditure on a particular item. During cross examination he has deposed that he is not personally aware about the said expenditure and states that he was informed by his Manager. How far the witness cross examination helps me? Please explain.

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M/s. Y-not legal services (Expert) 17 July 2015
Sir given facts is not enough to conclude your case..

Even though not enquired by the police but 161 statements available can not be fatal to the persecution case.

Rajendra K Goyal (Expert) 17 July 2015
Full case file need to be referred, consult your lawyer.

alexander (Expert) 17 July 2015
1 His statement that he was not investigated by the CBI justxposed with his Statement under CrPC 161 produced by the CBI is a clear case of PERJURY. Your lawyer can state that such a person is not a trustworthy witness and no credence can be placed on his evidence, etc etc - impeach him as a unreliable witness..

2. His statement that .... he is not personally aware .......but he was informed by his manager" constitutes Hearsay evidence and not acceptable by the Court as laid down by the Indian Evidence Act 1972.

3.more can only be said after a full study of the
case

4..In a Criminal case the charge HAS TO BE PROVED BEYOND ANY REASONABLE DOUBT , otherwise the charge fails and the Court may be inclined to give the benfit ofthe doubt to the accused. Keep this in mind and demolish ( or at least create substantial doubts) the evidence of the witnesses of the Prosecution

Dr J C Vashista (Expert) 18 July 2015
1. Incomplete information.
2. However, statement made u/s 161 Cr. PC can not be accepted as conclusive evidence but may be taken as corroborative evidence.
3. Your lawyer can advise you better than the experts on this platform as he is better equipped with the facts of the case.

sakthi (Querist) 20 July 2015
Thank you very much for the experts opinion. I shall discuss the same with my advocate.

Guest (Expert) 20 July 2015
Of course, the opinion of your own advocate would be material for you.

Sudhir Kumar, Advocate (Expert) 14 August 2015
sketchy facts

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