One accused handed tainted notes to another
mala
(Querist) 23 March 2013
This query is : Resolved
In the present case there are four accused Persons. A1 A2 S3 and A4. There is an allegation from the complainant that A1 A3 had made a demand through A4 after having some discussion in front of him in a regional language which the Complainant did not understand. He admitted that the names of A1 and A2 were informed to him only when the complaint was written. Complaint was lodged and verification team verified it and during the verification process the complainant made a call to A4 which was recorded wherein it was conversed that A4 told that he would be coming with those said staff, reaching with those staff and accompanying those said staff. Verification team reached the spot wherein A4 instead of bringing A1 and A3 brought A1 and A2 and the FIR was registered wherein the names of A1 and A2 were only mentioned in the FIR. The names of A3 and A4 was not mentioned in the FIR Registered whereas in the complaint lodged by the complainant the names of A1 and A3 is mentioned but not the names of A2 and A4 was not mentioned. A Trap was laid and when A2 and A4 went to collect the bribe amount A2 was apprehended and the CBI interrogated him wherein the A4 was in fear and abused the complainant and as instructed A4 called A3 and requested to meet him at a place. A2 did not utter anything. A2 and A4 reached the spot alongwith other trap team and wihtout any rhyme or reason A2 pushed the notes in the hands of A3 caught unaware the CBI team caught A3 washed hands and forcelly asked A3 to put the same in his pant and taken out and washed. The prosuetuion says the color of these washes turned pink in color whereas when the same was produced in court the color of handwash was dark pink in color and pant poct wash is milky white in color thereafter A3 was forced to call A1 on his phone and handed over the same to A1 at some other spot.
My contention is that I have never seen this complainant at any point of time in my entire lifetime and hatched no conspiracy with anyone. To substantiate there is evidence produced by CBI except CDR of my mobile and the CDR of the complainant and A4 is not produced . The CBI official who transcribed the conversation did not knew the language in which it was spoken or conversedthe witnesses also donot understand the regional language so spoken nor the complainant do udderstand. Neithr A4 was arrested nor any evidence like speciment voice, cDR etc of A4 was produced only when the challan was filed after a gap of one and a half year his name was shown as A4 hence he got discharged.
HENCE MY REQUEST YOU TO ALL EXPERTS TO PROVIDE SOME JUDGEMENTS OF APEX COURT HENCE I CAN GET ATLEAST A REASONBLE JUSTICE WHICHI FEAR IS ONLY MEANT FOR POWERFUL PERSONS AND INFLUENTIAL LOBBIES
CBI files closure report against a CM of UP, All political parties and Governor lobbying for pardoning Dutt, Congress pronounces the judgement before it being decided over by the judiciary and other upteen number of influential persons but the law is only meant for weaker and poor sections of this country.
Guest
(Expert) 23 March 2013
Contentions would never work to help you out in a bribery case. You would need to crash the theory of the prosecution in the charge or the statements of the independent witnesses by proving their statements as false or fabricated by effectively cross-examining the witnesses.
So far as the past judgments are concerned, don't be mitaken. Only that citation which depicts similarity with your own case can help you. Otherwise any citation with dissimilar instances and circumstances can prove to be fatal to your case that being considered as junk and irrelevant material for the case.
Any comparison with the politicians cases, if presented before the court would certainly spoil your case, as you need to fight your case only on merits of your own case, not on precedents that pertain to other issues and considerations.
Raj Kumar Makkad
(Expert) 23 March 2013
It seems that you have forgotten the basic law of criminal cases that it is the prosecution which has to prove its own case by way of convincing evidence and the accused has got all rights to protect himself. He need not to prove himself as innocent rather the prosecution has to prove him guilty.
So in the light of basic theory of law, do cross-examine the witnesses to be brought by State against you on all points and do follow the advice of Dhingra g.
Sudhir Kumar, Advocate
(Expert) 18 August 2013
Linked threads
http://www.lawyersclubindia.com/experts/PC-1988-SEC-7-12-1-D-AND-13-2-404946.asp#.UhChXX_Qzmk
http://www.lawyersclubindia.com/experts/MERE-STATEMENT-OF-PW-IN-CORRUPTION-CASES-416111.asp#.UhChWH_Qzmk
http://www.lawyersclubindia.com/experts/criminal-case-309156.asp#.UhChVX_Qzmk
http://www.lawyersclubindia.com/experts/any-judgement-of-apex-court-380861.asp#.UhChRH_Qzmk
http://www.lawyersclubindia.com/experts/ONE-ACCUSED-HANDED-TAINTED-NOTES-TO-ANOTHER-380341.asp#.UhChO3_Qzmk
