exorbitant (xyz) 15 June 2015

Need legal openion

Hi All,

I need legal openion on the following points

1. In a criminal case specially a case U/s 376 and 420, can prosecution bring any oter documents on record which were not part of the charge sheet to prove the guilt of the accused?

2. If allegatin of cheating were made in the F.I.R but no proof has been submitted during the investigation and later on the trial state some documents or evidences to be submitted, how these documents or evidences would be treated in view the of the court?

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5 Replies

Abhishek 15 June 2015

We have a Cultural(non-religious) Trust Registered Under Bombay Public Trust Act in Karnataka from last 20 years, but that act has been quashed in Karnataka in 2014, in Maharashtar it is applicable as Maharashtar Public Trust act, now i need to know which act is now applicable for trust registered under Bombay Public Trust(BPT) act in Karnataka.

1) I enquired at the local Registrar's office and they said that we establish a new trust Under Indian trust act and mention in the preamble that we had formed trust under BPT act, Now i need to know how much this is correct? we are also applying for 80G benefits and FCRA but they need minimum 3 years of working before a new registration can apply.

2) If we make a new registration will we not loose these many years of existence?

Please give us some guidance.

Thank You

Abhishek Desai

exorbitant (xyz) 15 June 2015

Abhishek, is this the answer of my query??

SAINATH DEVALLA (LEGAL CONSULTANT) 16 June 2015

Mr.Abhishek, Why have U intruded into this query.UR subject has nothing to do with this query.

Dear Querist the procsecution can submit any kind of or any number of valid evidences, to substantiate the charges during the course of the trail proceedings.

ANIRUDH SINGH SHEKHAWAT 17 June 2015

YES, the prosecution can anytime induce any new document or any kind of evidence at any part or point of the case. for such new documents, special permission of the court is required and usually it is very easily been attained. the defendants would also get a copy of the new evidence which has been introduced in the court.

if no proof was there in the chargesheet but later on the evidences were given in the court, the court would firstly check the originality of the documents and the reason for its non-presence earlier. and after checking this the court would definitely allow the new evidence or the document.

Anirudh Singh Shekhawat

shekhawat22anirudh@gmail.com