Complaint lodged on hearsay evidence
mala
(Querist) 01 February 2014
This query is : Resolved
As per findings of the trial Court
1. Complaint lodged on hearsay evidence
2. Statement made by the complainant under 161 is inadmissible
So if the findings are as mentioned above
1. Whether the complaint lodged , Verfication conducted and FIR Regd are illegal
2. Whether the courts can convict an accused on the basis of above documents
3. If any departmental inquiry is held and proved on the basis of above documents can an employee be dismissed without any evidence and finding lacunae in the pleading of this employee without giving him an opportunity to defend his case by a lawyer since the Inq.Officer and the Presenting officer being law officers and law graduates
4. Voice sample and Washes sent to CFSL Phy and Chem belongs to some other case whether admissible mere statement of experts in court sincy they only support the case of prosecution whereas the materials which they have recd belongs to some other case and some other persons not ast all related in any manner
5. When the court acquits one of the accused by finding that the conversation which he spoke cannot be considered since he spoke while in custody if so why the court cannot observe the same parameters in the case of another
Advocate. Arunagiri
(Expert) 01 February 2014
The witness has to speak and say what he say and heard.
Any statement given during the police custody, is in admissible in the eye of the law.
Rajendra K Goyal
(Expert) 02 February 2014
Nothing concrete can be advised without going through the case file and the documents. Consult your lawyer.
