evidence for estanbishing demand accpatance and cospiracy in corruption case

Querist : Anonymous (Querist) 19 February 2011 This query is : Resolved
1. How the Trial court come to the conclusion that "DEMAND" is made ?
On the basis of what the court will -presume that demand is made.
A. On the basis of voice recordings:
B. simply on the basis of complainant statement.

2. How the court will conclude that money is accepted?

3. If more than two persons are involved in a corruption case if one of the accused accepts money from the complainant and on the pressure of IO he hands over the money to the second accused without any demand etc. How the court will conclude that there is conspiracy between the two? since ahe first accused didnot have any knowledge about the second accused. Neither he met him nor known to him. on the basis of pressure from IO and another person calls from his mobile the second accused and first accused hands over the money. In this case how the court will consider demand and conspiracy weith only mere recovery. no voice recordings.

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Advocate. Arunagiri (Expert) 19 February 2011
1. On the basis of eye witness (other than the complainant).
2. It has to be proved by the prosecution?
3. Mere receiving money will not amount to conspiracy. It has to be done with intention. Innocent act will not amount to an offense.

No voice recording is necessary.

Ajay Bansal (Expert) 19 February 2011
Agreed with Arunagiri.

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