No evidence against Shiv

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rohini55

@rohini55

Voyager

Posted: 11 years ago

First of all, KB folks need to calm down. There is not enough conclusive evidence to prove Shiv guilty.

It is a universal law -- in India as elsewhere -- that a person is innocent until proven guilty. it is also a universal law that the burden of proving a person guilty is on the prosecution.

Under Section 101 of the Indian Evidence Act :

"Section 101 lays down the general rule about the burden of proof. 'Whoever desires any Court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts, must prove that those facts exist'. Illustration (a) says - 'A desires a Court to give judgment that B shall be punished for a crime which A says B has committed. A must prove that B has committed the crime'.

In other words, if Rasika wants the court to punish Shiv for the crime she says he has committed, she/ her lawyer must prove that he has committed the crime.

And it is not enough if the evidence is vague. In a criminal case the evidence adduced must be of the highest standard. And I quote from legal texts:

" The standard that must be met by the prosecution's evidence in a criminal prosecution: that no other logical explanation can be derived from the facts except that the defendant committed the crime, thereby overcoming the presumption that a person is innocent until proven guilty.

The main reason that the high proof standard of reasonable doubt is used in criminal trials is that such proceedings can result in the deprivation of a defendant's liberty or even in his or her death. These outcomes are far more severe than in civil trials, in which money damages are the common remedy".

As anyone can see from Shiv's trial so far: there is a perfectly logical alternative explanation for every charge made by Rasika -- whether it is with regard to sexual harassment or abetment to suicide.

Shiv's staff saw Raskia in an embrace and looking dishevelled. Shiv has a logical explanation for it.

Rasika's charge that Narendra committed suicide is just her word. There is no eye witness account of when, where, why and how the immolation happened.

In other words: Shiv cannot be held guilty.

But if Shiv gets an acquittal simply because there is not enough evidence against him, there will still be a shadow of doubt as to his guilt.

So the family needs to get clinching evidence to prove his innocence -- not for legal reason but to uphold his character.

That is important but it is not a like there is a life and death situation as CVs are making out.

So if the family proceeds with a clear understanding of the law, they would be better able to think through what they should do.

Edited by rohini55 - 11 years ago

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SPuja

@SPuja

Rocker

Posted: 11 years ago

Only in TV serials, it is the family who try (and finally get) the evidence even in criminal cases. Why is it so? If they think police is inefficient, can't they take help of professionals? Has the court case ever mentioned postmortem report or even medical report of Rasika? An expert can examine and show how the blouse would be torn at different angle if a person other than Rasika tried to tear it. Has the police examined kerosene trail outside Shiv's office?

The lawyer did not asked Rasika why she shouted only after her clothes were torn? Why the lawyer did not ask Shiv's office staff as witness to be examined? Service book of Rasika can easily show her previous postings - why not service book available in Shiv's office examined? Why not lawyer asked Shiv about Narendra's apology - why not he deduced that Narendra will ask for apology only when he did something wrong - and the only thing he ever did with Shiv was those molestation charges.

A lot of unanswered questions - they just know how to show emotional drama.

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rohini55

@rohini55

Voyager

Posted: 11 years ago

The PM report would show Narendra was hit on the head.

Yesterday the defence lawyer did not ask Rasika how she followed him. Which vehicle did she take?,

No one has tried to find out the whereabouts of the kerosene can. If he emptied it on himself outside Shiv's office and thereafter died, it should have been found in the vicinity.

If he emptied it on himself earlier, where did he do it? In the auto?

Where is the auto driver? If there is no auto driver, and no auto, how did he reach there?

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Nandita

@Nandita_Siddian

Stunner

+ 2

Posted: 11 years ago

Well said rohini...👏 👍🏼

very nice post ...i was waiting for this type of post in Bv forum...😳

Exactly my point is also the same...if SRS has no evidence to prove himself innocence ..then Rashika also has no evidence to prove him criminal...whatever she have accused till now everything was just her word of mouth...the law in our country can not punish anyone only on the basis of the word of mouth...

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rohini55

@rohini55

Voyager

Posted: 11 years ago

Originally posted by: nandita_bVian
Well said rohini...👏 👍🏼
very nice post ...i was waiting for this type of post in Bv forum...😳

Exactly my point is also the same...if SRS has no evidence to prove himself innocence ..then Rashika also has no evidence to prove him criminal...whatever she have accused till now everything was just her word of mouth...the law in our country can not punish anyone only on the basis of the word of mouth...

Absolutely. But in TV soaps the accused is treated as guilty until proved innocent.

If the family correctly understands the law, they -- anoop and bua especially -- need not hyperventilate. Anoop was unbearably loud yesterday. He can't demand evidence like this.

Even assuming the family/lawyer wants to prove Shiv completely innocent (baa izzat bari), and Rasika guilty, there are proper ways of doing it.

They have not even exhausted the possibilities available to them like PM report, forensic examination of the site of crime, rigorous cross questioning and so forth.

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Awfulggt

@Awfulggt

Voyager

Posted: 11 years ago

I wish CV's take ideas related to this case at leas from forum from topics like this, as I genuinely believe they have capability issues.

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Missesha

@Missesha

Dazzler

+ 2

Posted: 11 years ago

Originally posted by: rohini55

The PM report would show Narendra was hit on the head.

Yesterday the defence lawyer did not ask Rasika how she followed him. Which vehicle did she take?,

No one has tried to find out the whereabouts of the kerosene can. If he emptied it on himself outside Shiv's office and thereafter died, it should have been found in the vicinity.

If he emptied it on himself earlier, where did he do it? In the auto?

Where is the auto driver? If there is no auto driver, and no auto, how did he reach there?

Yes I was also expecting Kabra to ask how she reached there. And exactly at what point did she start following him? What time did she leave home and what route did she use. Also how long would have Narendra taken to reach collector's office. N how much time did he lose in stopping to buy kerosene. Kabra should have tried to match Rasika n Narendra's timings and this would have brought out some facts.

Not doing post mortem was the biggest lapse of this case.

N Cvs can't make Shiv so clueless for so long. The accused is not an ordinary man. He is a DC. CVs have to give him more power n brains than what is currently being shown.

We forun members have come up with so many arguments in past few days but Cvs are stuck on CCTV.

I liked your initial post Rohini. Good point brought up by you. So far there is no evidence to show that Rasika's allegations are true. Just because Shiv can't prove his innocence he can't be declared guilty.

In sserials, drama quotient is higher than logic. Usually the good hearted people are dumb and the evil are extra smart.

Audience are often considered as dumb. For me the actual learning happens here on the forum. Interacting with real people is more exciting then just seeing fictional characters.

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rohini55

@rohini55

Voyager

Posted: 11 years ago

@missesha

Rasika shouting "mujhe nahi pata" to all questions should be enough to free Shiv.

If she does not know how Narendra killed himself, nothing is proven against Shiv.

At one point she said that she suspected Narendra would do something like this. If so why did she not alert Shiv's staff so they could have apprehended him before he immolated himself?

The lawyer asked her r why she did not save him -- as Shiv did. That was stupid. How would she save him? With her bare hands?

A better question to ask was: Seeing he was angry, and sensing he was up to something, should you not have alerted the DC's staff instead of futilely rushing after him and giving him time to commit suicide?.

Edited by rohini55 - 11 years ago

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Uma

@adi2512

Sparkler

Posted: 11 years ago

A through examination itself would have given the police many clues.

I've noticed after that 'burning ' episode itself, that the road leading to Shiv's office is muddy.

There would be too many evidences there, if police / their certified investigator was able to look for clues..

Tracks of Car tyre..

No. of pairs of foot prints, etc., etc.,

A/ways, didn't have any hopes of CV's going about in Holmes like strategy...

also, they seem to be intent on showing us that there is a major goof up from Police's end, so, there are not enough evidences to prove Shiv 'not gulity' !

All for " Melodrama" sake...! 😆

H/ever, would be satisfied, if they go ahead with the story ( to bring about missing evidences ) in a much logical manner.

Also, personally for me, they have given a glimmer of hope y/day to feel calm on CCTV issue...

As per the argument of the lawyer, looks like CCTV is not present in Shiv's cabin but only for the rest of the office !

That would make much sense, given the fact that either Shiv or enquiry committee didn't put mind to it., as Enquiry committee was behind the molestation charges by R, not on suicide issue of NG , as per the questions they put forth to Shiv.

Still keeping fingers crossed, that this track will not end in a lame way.