Seizure mahazar-contents
velmurugan
(Querist) 01 February 2017
This query is : Resolved
It is a corruption case filed on the basis of the surprise raid of CBI. In order to prove that the accused omitted to follow certain Dept procedure(i.e acts of omissions on the part of Accused), not all documents which were seized during the raid are mentioned,cleverly in the seizure mahazar and the same is duly got signed by independent witnesses.
The CBI is suppressing the existence of the document(seized during the above said raid) which proves accused has not violated any DEPT procedure and in the charge sheet,it is shown major lapse on the part of accused and evidence of his complicity in the crime.(Mens Rea)
Can the experts kindy state:
what is the judicial position on "Absence of evidence is evidence of Absence"?
Madhava Rao Gorrepati
(Expert) 01 February 2017
In PC Act cases usually the signature of the suspect is also taken. Why did the accused keep quiet then? OK he was threatened. right. At least now he can file an application summoning the documents from the investigating agency. Or if the copies of the same are available in the office of the accused, they can also be summoned. and fight the case. Do not move any discharge petition. CBI then wakes up as in AArushi murder case.
velmurugan
(Querist) 02 February 2017
Thank you Sir.
P. Venu
(Expert) 03 February 2017
The facts disclosed are insufficient to answer the question set for the experts. However, mere non-compliance to some procedures need not be a corrupt act or even, a misconduct.
Rajendra K Goyal
(Expert) 03 February 2017
Discuss in detail with your lawyer who is well aware of full case file.
Sudhir Kumar, Advocate
(Expert) 18 August 2018
http://www.lawyersclubindia.com/experts/Presence-of-pleader-before-Framing-of-charge-526136.asp
http://www.lawyersclubindia.com/experts/no-Witness-statement-540026.asp
http://www.lawyersclubindia.com/experts/evidentiary-value-of-the-shadow-witnesses-540371.asp
http://www.lawyersclubindia.com/experts/Arguing-one-s-own-criminal-case-542391.asp
http://www.lawyersclubindia.com/experts/no-statements-of-independant-witnesses-549956.asp
http://www.lawyersclubindia.com/experts/Marking-defence-exhibits--551201.asp
http://www.lawyersclubindia.com/experts/contradictions-during-cross-examination--550226.asp
http://www.lawyersclubindia.com/experts/no-statements-of-independant-witnesses-549956.asp
Why are you spreading facts on different pages. You gain nothing out of it rather run the peril of getting wrong advise based on half facts.
