Transcript of incomplete transcript at the fag end of trial
mala
(Querist) 03 November 2013
This query is : Resolved
Respected lawyers
I have some doubts which may be cleared
In brief this is a corruption case and the conversation so recorded were not transcribed in full . There were 14 witnesses and all the PWs are examined and cross examined except one PW . While cross examining this last PW the honorable judge observed that the transcript is incomplete and directed to file complete transcript.
Hence My queries before you are as
Invalid Sancion ? Invalid charges framed ?
Trial stands vitiated ?
1. Hence the complete picture was not placed before the competent authority while according sanction
2. Hence while framing charges complete picture was not made available
3. The whole trial stands vitiated
What steps should I take to prove that the prosecution violated the Art 14 19 and 21 of the constitution . Malicious Prosecution
P. Venu
(Expert) 04 November 2013
First of all, proceed on with the cross examination and complete it expeditiously once the entire transcript is produced.
Satya Mani Tiwari
(Expert) 05 November 2013
Invalid Sanction can be challenged in following ways.
1. U/s 19 of PC act a draft sanction is prepared by CBI/ ACB & the competent authority signs the sanction of prosecution without application of mind, hence sanction of prosecution may be minutely scrutinized to check the flaws.
2. Request copies of file note sheet through which the competent authority came to the conclusion of giving the said sanction u/s 19 of PC act.The said note sheets may be acquired through RTI act.
3. As advised by expert Mr. P.Venu, Wait for the cross examination, Ask your advocate to be prepared thoroughly for cross, most competent authorities become nervous to be cross examined if your advocate has done proper home work it will make life difficult for sanctioning authority in court.
4.Regarding invalid charges your advocate has full authority to protest in bringing out complete picture during framing of charges, but one must remember that court is only interested to learn that prima facie a crime was committed, if the crime was committed under the sections of law for which charges have been framed the court usually orders the trail to begin.
5.If you have strong grounds, FIR can also be challenged in higher court on grounds of malicious charge.
