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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.BADHARUDEEN
Sajin Frederick @ Peter Antony S/o Frederick – Appellant
Versus
SPE/CBI EOW Chennai Inspector of Police – Respondent
| Table of Content |
|---|
| 1. allegations of forgery and conspiracy. (Para 3 , 4 , 5 , 6 , 10) |
| 2. proving the usage of forged documents. (Para 11 , 12 , 13 , 14 , 15 , 16) |
| 3. witness testimony regarding the lack of an actual peter antony. (Para 17 , 18 , 19 , 20) |
| 4. procedural validity of evidence collection. (Para 22 , 30) |
| 5. final judgement confirming conviction. (Para 33) |
JUDGMENT :
1. Crl.A.No.1612/2013 is at the instance of the first accused in C.C. No. 16/2011 on the files of the Special Court (CBI), Thiruvananthapuram. The second accused in the above case has preferred Crl.A.No.1627/2013. The respondent in both appeals is the Central Bureau of Investigation, represented by the Special Public Prosecutor.
3. Here, the prosecution alleges commission of offences punishable under Sections 120B r/w 419, 420, 467, 468 and 471 of the Indian Penal Code (hereinafter referred to as 'IPC' for short) as well as under Section 13 (2) r/w.13(1)(d) of the Prevention of Corruption Act, 1988 (hereinafter referred to as 'PC Act, 1988' for short) r/w. Section 12(1)(b) of the Passport Act, 1967 by the accused persons. The following overt acts, as extracted in the trial court judgment, are the allegations against t
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Court cannot convict one accused and acquit other when there is similar or identical evidence pitted against two accused persons.
Point of Law : Article 21 applies when personal liberty of a person is deprived without following the procedure.
Point of Law; In case of acquittal, it is settled law that if two views are possible, the appellate court should adopt the view which is favourable to the accused
The prosecution failed to prove the charges of forgery and conspiracy beyond reasonable doubt due to irregularities in evidence collection.
Anticipatory bail may be granted where the prosecution fails to demonstrate the necessity for custodial interrogation or present sufficient evidence of ongoing criminal activity.
The conviction of a public servant under the Prevention of Corruption Act is upheld based on established evidence of bribery, reaffirming the necessity of fair procedure in trial.
The main legal point established is that the necessity of custodial interrogation and the presence of evidence linking foreign travel to illegal activities are crucial factors in determining the gran....
Court should not normally take upon itself the responsibility of comparing the disputed signature with that of the admitted signature or handwriting and in the event of the slightest doubt, leave the....
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