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If person commits crime but there is no evidence,he still can be convicted,says ex SC Judge who cancelled 2g allocations

The special court judge OP Saini pronounced his verdict as 'not guilty' for all accused due to lack of evidence.

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A special CBI court acquitted, UPA telecom minister A Raja, who was the telecom minister in the first UPA government. (source: PTI)
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Just a couple of days after a special court acquitted all 19 people including the UPA telecom minister A Raja, his DMK colleague and MP Kanimozhi in a case relating to alleged irregularities in the allocation of 2G spectrum in 2008, former Supreme Court judge G S Singhvi said that if somebody commits a crime but there is no evidence, then that person can still be convicted.

GS singhavi in February, 2012, had given the Supreme Court judgment cancelling telecom licences and the allotted spectrum.  

"There are two things in criminal law. One, no case at all; and second, no evidence. In this case, as per press reports, there is no evidence… If somebody commits a crime but no evidence is produced, the person can’t be convicted,"  Singhvi said while talking to The Indian Express. 

However, he added that this verdict doesn’t mean that there was no case at all, but only that the prosecution had not been able to prove the charges. Hence, the person can be convicted, Singhavi said. 

"Kindly read the judgment as a whole. The trial court has said prosecution has failed to adduce any evidence to prove the allegations. That’s all," Justice Singhvi told the newspaper. 

Earlier this week, a special CBI court acquitted, UPA telecom minister A Raja, who was the telecom minister in the first UPA government, along with DMK leader Kanimozhi and 17 others in the 2G spectrum allocation scam.

The special court judge OP Saini pronounced his verdict as 'not guilty' for all accused due to lack of evidence.

The case relates to alleged below-market-price sale of lucrative telecoms permits bundled with airwaves in 2008, which a federal auditor said may have cost the government as much as Rs 1.76 lakh crore in lost revenue. The scam came to light following a report by the Comptroller and Auditor General of India during the second term of the UPA government headed by Manmohan Singh.

DMK working president MK Stalin has issued a statement after the 2G verdict. “The CBI court has given a historical verdict. The 2G case was filed in 2009. In the political history, the 2G case was foisted to defame and destroy DMK. It is a false case made up of goofed up figures. In such a case, the special court has acquitted all of them. We are very happy over the order. The court order proved that the DMK has not done anything wrong. I request the media to show the same enthusiasm of how it sensationalized the 2G scam when the case was filed. In the same way, you should take this news of acquittal to all the people,” he said.

DMK's RS Bharathi also hailed the CBI court’s verdict, saying that the case to begin with was a false case. "For the past 2 assembly elections, the case was used against us, now it has been proved to be wrong," he added.

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