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Author Topic: ACB Case: Trapped a government official for revenge  (Read 221 times)

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Offline mobihunterz

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ACB Case: Trapped a government official for revenge
« on: September 19, 2016, 02:05:43 AM »
Hello all,

This case is related to my father who is government official and falsely accused of taking bribe. Opponent who complained to ACB is also a lawyer and well set the trap. Yet my father escaped from first trap, the opponent handed him money (opponent put in his pocket) in second meeting in the office lobby and ACB officials caught him. However, money was not accepted by him and directly put by the opponent, ACB officials took my father in charge and interrogated.

After full 1 day's interrogation and investigation he is sent to jail and got bail as well but now the case is in progress. 2 years had passed and then after this long period opponent is seeking judge's approval to reinvestigate (Section 178/8) aman and told that the opponent has recorded CD of conversation of my father and his talking. It seems a twist because there was no mention of CD in charge-sheet and the opponent told in a hearing that officers have  not put the CD with charge-sheet and in second hearing, he told, officials have never asked for the CD and now he wants to submit the CD.

I afraid can he do any tampering to the CD because officials should have collected opponent's memory card or CD whatever which contains recorded audio or anything but they did not.

Please suggest me what kind of precautions we can take or argue against this to win the case? I need help because I am much afraid and I also asked my father and he said he has never asked for any money. It was just the person discussed few issues at office, my father left in lobby and he put money in pocket, ACB comes and my father handed them the money, they caught him :(.

Thank you all.

Offline advjaibansal

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Re: ACB Case: Trapped a government official for revenge
« Reply #1 on: September 19, 2016, 03:50:17 AM »
Dear Sir,

In subsequent charge sheet CD can be filed and accepted by the court. You will be given a CD for contesting the case. If you feel that there may be tampering in the CD by Opposite party, in such case, you may get the same tested from some private forensic lab and submit the report in court in your defence. There are hundreds of private forensic labs are operating now. You may take the services from anyone available near your area.

Rest about preparation of defence, one can only say something after looking at the entire case file including charge sheet and documents collected and evidence of witnesses.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline mobihunterz

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Re: ACB Case: Trapped a government official for revenge
« Reply #2 on: September 19, 2016, 04:14:58 AM »
Thanks Jay. I appreciate your help here.

Offline rajgopal sripathi

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Re: ACB Case: Trapped a government official for revenge
« Reply #3 on: September 22, 2016, 08:56:33 AM »
Hi
There are two things here.
First in the charge sheet if the hands of your father has not been tested for Phenolphthalein Test, then your father will be acquitted in the case.
Mere presence of phenolpthalien in the shirt is not grounds for proving that your father took the bride.
Also if the CD (proof of conversation between your father and the complainant) is not mentioned in both the FIR and Charge sheet, then the CD can never be considered as evidence.
By the way was there any departmental proceeding against your father and what was the outcome of the same.
For preparing your defence, we need to see the copies of FIR, Charge sheet and the evidences so presented by the ACB to the court.
From what you said(thrusting of money in the shirt pocket) and also that from you said, in all likelihood, there is no evidence of your father demanding bribe in the first place.
Hope this helps.
Rajgopal
Rajgopal Sripathi
Mobile:9704772200
email:rajgopal@legalwin.in

 

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