Pc 1988 sec 7 12 1 d and 13 2

mala (Querist) 06 July 2013 This query is : Resolved
1. Mere acceptance of money and recovery without any semand can lead to conviction in corruption case
2. The shadow witness has simply stated that this person told work is done and handed over the money to the other person and the other persons did not utter anything. Will this be treated as acceptance
3. Forwarding letter sent to CFSL Physics alongwith a certificate of the forwarding authority wherein the details given are pertains to another case and not our case
4. Recorded conversation is in a regional language abd the person who transcribed the same did not knew this regional language as well as the witnesses also do not understand this language
5. Call detail records of accused is taken whereas the person who called this accused is not obtained and produced
6. Converation recored between the accused and the other person were not considered by CFSL voice since the recordings are unintelligble and distorted
7. The official who transcribed the conversation was not summoned as PW
9. Sanctioning Authrity was not summoned as PW
10 Prosecution closed its evidence without calling or summoning these two witnesses as mentioned above the transcriber of the recorded conversation and the sanctioning authority
11 This accused was neither present at the the time of verification nor at the time of first trap when one accused no 2 was caught lateron he told that this amount is meant for accused no 3 and the investigating agency forced someother person to call accused no 3 since this accused no 2 did not have the telephone number of accused no 3 and he accompanied by accused no 2 came to the spot and accuse no 2 told accused 3 work is done and handed over the money Thereafter the officials took handwash and pantwash etc and told accused no 3 to contact accuse no 1 accordingly he did and went to the residence of accuse no 1 and haned over the money
11 The person who lodged the complaint had never met me on any earlier occasssion and I am not at all dealing with the file and the work for which the complainant had alleged all these things was already done and relayed in the internet some four days before can you please find what an unscrupulour investigating has been done and instead of hearing us properly the department on the same set of facts conducted a departmental inquiry and without even assigning any reason proved the charges and the competent authority without givintg any speaking order simply stated that I consider the findings are correct and forwarded us a fourline order of dismissal We have raised several points which clearly proves that the complainant had made afalse complaint based on hearsay evidence. and it is still pending in the criminal trial If you have any answers to these injustice pl help us

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R.K Nanda (Expert) 06 July 2013
consult local lawyer.

Raj Kumar Makkad (Expert) 06 July 2013
You have a very good case in hand. You need to bring all these major lapses on the part of the prosecution to the trial court and thus get optimum benefit thereto.

Sudhir Kumar, Advocate (Expert) 18 August 2013
Linked threads

http://www.lawyersclubindia.com/experts/PC-1988-SEC-7-12-1-D-AND-13-2-404946.asp#.UhChXX_Qzmk

http://www.lawyersclubindia.com/experts/MERE-STATEMENT-OF-PW-IN-CORRUPTION-CASES-416111.asp#.UhChWH_Qzmk

http://www.lawyersclubindia.com/experts/criminal-case-309156.asp#.UhChVX_Qzmk

http://www.lawyersclubindia.com/experts/any-judgement-of-apex-court-380861.asp#.UhChRH_Qzmk

http://www.lawyersclubindia.com/experts/ONE-ACCUSED-HANDED-TAINTED-NOTES-TO-ANOTHER-380341.asp#.UhChO3_Qzmk

Pc 1988 sec 7 12 1 d and 13 2

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