Querist :
Anonymous
(Querist) 26 September 2011
This query is : Resolved
Dear sir, there are total 10 witnesses statement were recorded on 08 tentative charge of an acuused in army. on 05 charges witness allegdly alleges the accused one other witness coloborate or say what witness is saying in other word no evidence found in summary of evidence. either documentary or any wiitness is there what witness says or any other witness colobrorate it. INSPITE of this Army is framing all 08 charges against the accused. Shall accused approach to Armed Forced tribunal to get quashed these 05 charges pl advice
ajay sethi
(Expert) 26 September 2011
you mean to say evidence is available for 5 out of 8 charges only. yet army is framing 8 charges . if ultimately no evidence is found court will dismiss the 3 other charges
Devajyoti Barman
(Expert) 26 September 2011
It is better to wait till the verdict is out as the Armed Forces Tribunal may not interfere the interim order. Moreover framing of charge does not prima facie mean proof of charge.
prabhakar singh
(Expert) 27 September 2011
Expert : Devajyoti Barman HAS RIGHTLY VIEWED.
Raj Kumar Makkad
(Expert) 27 September 2011
You are advised to wait and watch the proceeding and keep on noting each and every illegality therein which ultimately shall favour you when you approach AFT.
they have evidence corroborative in three charges only not in five charge. these three charges has seemgly weak corroborabing evidence not concrete evidence.
recently armed forces tribunal in one of the case has quashed all charge framed agaist an individul by army for lack of evidence in summary of evidence.
can he can also go for same in Armrd forces tribunal quoting this judgement as referance.
can you give us more quote avialble in your knowedge bank.
every body is requested to provide / contribrute quote in support.
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