Legal Question in Criminal Law in India

In a Dispropotionate of Asset Case the Prosecution has submitted a Documents which is incomplete and prepared in such a way that does not reflect correct position. The same information in details indicating the factual position obtained under RTI from the same Deparrtment. i.e. Income as Per Prosecution document is Rs. 2,97,000/- and as per RTI document Rs. 12,67,000/- Can we file an application under Cr.P.C. 340 challenging the Proscution docment for submititng awrong and fabricated evidence. Kindly advice.


Asked on 10/09/10, 7:50 pm

1 Answer from Attorneys

Vishwa Arya Arya & Co.

I think this question has come before earlier also. In my opinion it will be little early for 340 Cr. P C. The court is still to admit the detail obtained under RTI. There is possibility (may be none or remote) of RTI detail to be incorrect. When prosecution produces the document showing 297000 as income, then in cross examination you have to suggest that to be an incorrect, in complete calculations. You will have to further suggest that the calculations have been manipulated in a manner to not to reflect true position. You will hve to further suggest that the calculations have been manipulated in a manner intentionally to falsely implicate the person. Once all these suggestions (to the witness from department) have come on record, at that point, confront the witness with the details obtained under RTI. Ask him that his department has given the details of 1267000, how come he got the detail as 297000. Once your detail is exhibited and proved as correct it is at that stage it will appear that the earlier detail was incorrect. That stage is the stage when one should file 340 cr pc. Have paitience. do not show your excitement. Since the detail you obtain is also a matter of evidence, unless, you straightway put the document for admission and denial by the prosecution ( by moving an application before the court) and if the prosecution admits it, then not only you are liable to be discharged but you can move 340 cr pc also. Please note, 340 cr pc can be moved at any stage even after the proceedings are over. you will have additional remedies of malicious prosecution etc. the only satisfaction you have is that you have a clear clean case of acquittal. By the way, is it a complaint case or FIR?

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Answered on 10/09/10, 10:21 pm


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