https://www.taxtmi.com/css/info/rss_sitemap/rss_feed.css?v=1746094055 https://www.taxtmi.com Business/Tax/Law/GST/India/Taxation/Policies/Legal/Corporate Tax/Personal Tax/Vat Law/Legal Information/Tax Information/Legal Services/Tax Services Tax Management India. Com / MS Knowledge Processing Pvt. Ltd. All rights reserved. One stop solution for Direct Taxes and Indirect Taxes https://www.taxtmi.com/caselaws?id=461668 https://www.taxtmi.com/caselaws?id=461668 Dismissal of discharge application of the petitioner under Section 239 Cr.P.C. - Conspiracy and bribery in connection with a Legislative Council election - entire case of the prosecution is based on the opinion of experts of Forensic Science Laboratory - existence of sufficient prima facie material to frame charges against the petitioner for offences under Section 12 of the Prevention of Corruption Act, 1988 - HELD THAT:- Admittedly, no certificate, as required under Section 65-B(4) of Evidence Act, is obtained by the investigating agency with regard to recognition of voice of A-2 and to compare the same with the voice of the petitioner/A-5. In this regard, the learned Special Public Prosecutor would submit that the said certificate can be obtained and produced during the course of trial of the case and it is not a ground to discharge the petitioner/A-5 from the subject case. The said submission cannot be brushed aside. As per Section 12 of P.C. Act, abatement to commit offence under Sections 7 and 11 are punishable, irrespective whether that offence is committed or not. Further, the essence of Section 120A of IPC is an agreement to commit an offence. The abatement of conspiracy under Section 107 of IPC requires the commission of some act or illegal omission, in pursuance of the conspiracy. In the instant case, the material placed on record reveals an act of criminal conspiracy. Pursuant to the said conspiracy, an amount of Rs. 50 lakhs was offered as part of bribe to LW.1 Elvis Stephenson to cast his vote in favour of Vem Narender Reddy for his membership in Legislative Council of Telangana State. The Court below, while dealing with the subject matter of this Criminal Revision Case, has placed reliance on the statements of LW.1 Elvis Stephenson, investigating officers, witnesses, Sim Cards used by the accused including the petitioner/A- 5, FSL reports obtained after analyzing the data, and came to the conclusion that the material on record prima facie show that the petitioner/A-5 shared the idea of influencing the de-facto complainant to cast his vote in favour of Vem Narender Reddy. Further, the learned trial Judge, having examined the entire material on record, rejected the contentions advanced on behalf of the petitioner/A-5 for the offences incorporated in the charge-sheet and held that there is prima facie case against the petitioner/A-5 to frame charges and there are no grounds for his discharge and further observed that no detailed enquiry is required to be conducted at this stage. Conclusion - The impugned order of trial Court does not reflect patent defect or an error of jurisdiction or law. It is in accordance with law. Neither there is non-compliance of the provisions of law nor is it grossly erroneous. The conclusion reached by the trial Court is based on material on record, it is not perverse or illegal. There is prima facie case to frame charge/s against the petitioner/A-5 and proceed with. The Criminal Revision Case is dismissed. Case-Laws Indian Laws Tue, 08 Dec 2020 00:00:00 +0530