evidences to prove under p c act
Querist :
Anonymous
(Querist) 25 May 2011
This query is : Resolved
How the investigating agency prove the demand in pc act?
How the agency and the court frame charges if more than one person is involved?
If charges in the chargesheet is like this Sec 7, 120B Read with 13(1)(d), 13(2) whether all charges are there or only 120B is the main charge
If the name mentioned in the complaint and the name mentioned in the FiR differ what it means?
(Not spelling mistake name is totally different)
If the complaiant and statement given later on completely differ?
If the transcription given by agency is signe by a person or independent witnesses who do not know the language in which it is spoken?
Work for which the complainant alleges to have made and demand made the work which is already one and relayed in the internet then for what purpose he paid or omplained
Voice traqnscription does not revel any demaqnd made by anyone the complainant himself forefully saying te amount that amount etc
Guest
(Expert) 25 May 2011
The charges pertain to Sec. 7 of the PC Act and 120B (Act you have to check from the Charge Sheet). Since there is no section like 120B of the PC Act, you may have to indicate which Act has been indicated along with the Sections 120B and 13(1)(d) and 13(2)
However, it may be poointed out that charges under the PC Act are of serious nature and need great caution, care and expertise in cross-examination. The discussion can take a long time based on the actual contents of the charge.
Never go on hit and trial method.
If you are an advocate from the defence side, you may need to sit with some very experienced advocate of the CBI Court and discuss the points of the Charge Sheet with him to make a strategy to defend the case.
If you are an accused, you need to hire the services of an experienced lawyer of the CBI court, who would have dealt with the CBI cases.
abhishek
(Expert) 31 May 2011
the evidence places a great role in proving the crime in prevention of corruption act, it is not mere statement of the complaint which can prove his case. all the options who have described is very crucial to set up the case of defence. mere recovery of money is not in itself sufficient to prove the case of prosecution. it may be helpful if the complainant goes hostile, and the defence would set up according to his further statement.
