Interesting case for lawyers


 

A sold his property in four different sale deed (S1, S2, S3, S4)  to B.

A after 15 years not disclosing three of four sale deed (S2, S3, S4) appointed C as his power of attorney on that property and authorize him to deal with abovementioned property (except of that part which is mentioned in S1 sale deed) after that C sold that property to himself (sale deed S5).

Now B filed criminal complaint u/s 420, 467, 468, 471 IPC against A and C that they both fraudulently sold B’s property. Now when police investigation was pending C went to B’s house for compromise. C with hidden camera recorded whole event and interestingly C admitted in that recording that he bought that property under direction of D who is master mind of all this incident.  Now question is

1.                Can B file complaint against A, C and D u/s 420, 467, 468, 471 IPC though no fraud or misrepresentation was made to B by A, C.

2.                Complaint of B against D is maintainable or not though no documentary evidence except that video recording exist against D.

3.                Validity of video recording as evidence.

 
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Lawyer

well, the recording can be used as an evidence during the trial in the original criminal case.

 

if B is able to prove the video recording as an authentic evidence then B can proceed under S. 340 Cr.P.C against D

 
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Admition by C for involvement of D in video recording though no documentry evidence adainst D is there nor his name appears in sale deed or power of attorney. D cannot be prosecuted in 340 CrPC as for Section 195 CrPC does not apply in this case

 
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