Legal Question in Criminal Law in India

Sir, one of my colleagues working in a central government department has been convicted on graft charges despite of many serious doubts and loopholes committed by the police and prosecution vide
1. The FIR was filed well ahead of 2:30 Hrs than the complaint was actually filed and received by the police (that is FIR timings is 0300 Hrs where as the complaint was received at early Hours of 0530 Hrs)

2. Place of FIR filed was more than 10 Hrs journey by train or car, from the place of receipt of the complaint by the police
3. The place of receipt of the complaint by the police is differing from the FIR and the one deposed in the trial court by the complainant and the police
4. The time of trap mentioned in the charge sheet was 0700 a.m. whereas deposed in the court by police was 0915 a.m
5. And so on.
Despite of all these misgivings the trial court had ruthlessly convicted him. Now his case is on appeal at HC.
kindly forward me the latest judgments in favour of my friend pronounce by HC and SC related to the above issues

Asked on 8/08/09, 2:33 am

4 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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what you have mentioned is all a matter of evidence and without perusing the evidence it is impossible to opine whether a case is made out in favour of prosecution or against it. has the high court suspended the sentence.

Answered on 8/08/09, 3:52 am

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Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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You should engage a counsel for preparing the appeal on merits. The HC / SC judgements are facts specific though principles of law are also laid down.

Answered on 8/08/09, 7:42 am

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