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Jugal Kishore   29 October 2021

Can corruption charges be framed based on witnesses alone.

A complaint was filed by five independent witness for giving bribe to a government official. After one year a FIR was registered. No recovery was done.

Based on the testimonials the trial court sentenced 4 years.

Can this order sustain in the High Court?



 1 Replies

Kevin Moses Paul   15 November 2021

Even if police arrest the accused in such a case for corruption charges, the accused will move the matter to a superior court (i.e. High Court or Supreme Court as the case may be).

Since, you've already mentioned that no recovery was made from the accused person, there is no legal reason to keep such a person detained or punish him. Thus, in simple he/she would walk out of the case freely due to lack of evidence.

Henceforth, any appellate court will give the orders in favour of the accused only until strong evidences are presented before the Hon'ble court that may prove the guilt of the accused.


Regards,
Kevin M. Paul

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