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Mumbai Court Rejects Secondary Evidence in Forgery Case

Mumbai Court Rejects Secondary Evidence in Forgery Case
Mumbai: PMLA Court Rejects Secondary Evidence Plea After Forgery Case Documents Go Missing · freepressjournal.in

A court in Mumbai is hearing a case about documents that prosecutors say were forged.

The case involves trustees of a charitable trust.

Prosecutors alleged that forged papers helped move Rs 12 crore into the trust’s bank account.

The Enforcement Directorate also brought a money-laundering case.

When the court was preparing to begin the trial, it found that the original papers were missing.

A handwriting expert’s report was still on the court record, but the papers attached to it were not.

Prosecutors asked to use other evidence instead of the missing originals.

The court refused because the prosecution had not explained who had handled or kept the documents, or clearly identified which documents it wanted to prove.

Key facts

Case registered
2005–06
Alleged amount
Rs 12 crore
Trust
Sarva Dharma Manav Charitable Trust
Bank branch cited
State Bank of India, Wagle Estate branch
Missing material
Original documents referenced in a handwriting expert’s report
Court decision
Prosecution’s request to rely on secondary evidence was rejected
Related case
The Enforcement Directorate filed a money-laundering case

Quotes

Mumbai special PMLA court

The court hearing the forgery and money-laundering case.

“There is nothing mentioned in the application, as who was in custody of the said documents, who has received the documents alongwith Handwriting Expert Report, and who thereafter took it into the custody after it was received from the Forensic Department alongwith the opinion of the Handwriting Expert. There is nothing on record alongwith the present application to know which documents the prosecution is intending to prove.”
freepressjournal.in

Sources

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