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BELA M. TRIVEDI, SATISH CHANDRA SHARMA
Ashok Daga – Appellant
Versus
Directorate Of Enforcement (FOR ADMISSION and I. R. ) – Respondent
ORDER :
1. The learned senior counsel, Mr. Dave for the petitioner has pointed out para 56 of the impugned order, which reads as under:-
2. After having heard the learned senior counsel, Mr. Dave for the petitioner and having perused Section 294 of Cr.P.C., we are of the opinion that calling upon the accused to admit or deny the genuineness of the documents produced by the prosecution alongwith the list under Section 294 of Cr.P.C., could not be said to be in any way prejudicial to the right of the accused, nor could it be said to be compelling him to be a witness against himself as contemplated under Article 20(3) of the Constitution of India.
3. In that view of the matter, we are not inclined to interfere with the impugned order. However, the observations made in para 56 are deleted.
4. It is needl
The court ruled that requiring an accused to admit or deny document genuineness under Section 294 of Cr.P.C. does not violate their rights or compel self-incrimination.
The demand and acceptance of bribe must be proven to establish corruption under the Prevention of Corruption Act, necessitating sufficient evidence for trial.
An accused person cannot claim de novo trial as a matter of right, except in exceptional circumstances where the defence counsel's representation falls below an objective standard of reasonableness.
If the accused, after he has entered upon his defence, applies to the Magistrate to issue any process for compelling the attendance of any witness for the purpose of examination or cross-examination,....
Relevance and admissibility of documents from a claim petition in a criminal proceeding.
The duty of the prosecution to prove the case and the accused's right to defend at the stage of adducing the defense witness.
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