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Showing contexts for: Soil testing in (Parveen Singh) vs Mcd. He Proved The Copy Of The ... on 23 July, 2016Matching Fragments
Prosecution Evidence In order to prove its case prosecution examined 28 witnesses.
18 PW1 is Sh. P. Sriniwasa. He deposed that he joined as Soil Engineering Consultant in the year 2002. He further deposed that a request for soil testing was received from Papillion Estates pertaining to plotA located at Rajokari, Gurgaon, Haryana. He stated that as per the specification given three bore holes were grilled in the said plot, sample of soil was taken and after testing, report was prepared by Sr. Consultant Sh. A. V. S. Rao which is Marked PW1/A. Report also accompanied site plan, bore logs details, Standard Penetration Test which are marked PW1/B to PW1/D. This witness has also deposed about the report of soil testing in respect of PlotB at Rajokari, Gurgaon Haryana. This report was also prepared by Sh. A. V. S. Rao Sr. Consultant and the same was marked PW1/E. The site plan bore logs details and Standard Penetration Test reports were marked PW1/F to marked PW1/G. He also proved his statement recorded U/s 161 Cr. P. C as Ex. PW1/1.
58 On behalf of accused no. 1 and 5, Sh. Mohit Mathur, Ld. Senior Counsel has contended that accused have been charged with section 13 (1) (d) (ii) POC Act r/w section 120B IPC. He has contended that there is no element of conspiracy which has been shown or proved by the prosecution in the entire evidence. The prosecution has not even been able to show when the conspiracy started and who had played what role in that conspiracy. The prosecution has also failed to show that the accused had ever met each other. Without meeting of minds, the object of the conspiracy could not have been proved and thus, the prosecution has failed to prove the conspiracy. It has further been contended that the entire case of the prosecution rests on the report of the expert CC No. 09/10 37 of 67 (Parveen Singh) Spl. Judge: CBI-02, NDD: 23.07.2016 committee of MCD. It has been contended that this report was formulated on the basis of the condition as it existed in May 2009 i.e. almost after passage of one year of the completion certificate being granted and if at that time, certain renovation work was found to be in progress, it cannot be said that at the time of granting of completion certificate, building existed in the condition in which it was shown to be existing in May 2009. He has further contended that the condition of the building which was found by expert team at the time of its inspection was for the reason that after the completion of the building, the owners intended to let out the building to a hotel. As per the requirements of the proposed lesser, the changes in the interiors of the building were being made to make it suitable for being run as a hotel. The defence by positive evidence of DW3 and DW4 has clearly established this fact that it was after the completion certificate being issued that the proposed tenant had required certain changes and it was these changes which were in progress at the time of visit of expert committee. He has further contended that even otherwise the report of the expert committee, which is Ex.PW14/B, cannot be relied upon by the court because the constitution of this team was of much later date whereas the team had inspected the building prior to its constitution. Furthermore, the team was later on reconstituted and one member was replaced and the member who was added to the team had only signed the report but was not a part of the inspection team. Thus, the report cannot be relied upon. He has further contended that as regards the existence of second basement, there is no evidence before the court that the structure which was found underneath the basement was the second basement. Even the expert committee report states that the structure which was found underneath cannot be said to be a basement. He has contended that in fact it was a structure which came in existence because of the necessity created by the kind of soil upon which the buildings were erected. He has CC No. 09/10 38 of 67 (Parveen Singh) Spl. Judge: CBI-02, NDD: 23.07.2016 further contended that PW1 is the soil engineer who had tested the soil and proved reports mark PW1/A and B which later on, during the cross examination of IO were exhibited as Ex. PW27/D3 and D4. These reports had clearly recommended the erection of building on a raft foundation as there was loose soil and water logging. He has further contended that what in fact had been found and termed as second basement was the foundation of the building and not the second basement.