There are seven accused in acriminal case.according to f.i.r main accused is one Kumar and he belongs to Andhra Pradesh..he participated in an auction using forged draft.the draft was dishonoured and case was registered against him..in the f.i.r Andhra address is given in all records connecting with auction...he absconded from date one..his case was separated...in chargesheet given to other accused in connection with conspiracy and cheating A1 is one KUMAR but he belongs to Kerala..his Kerala address is given....there is no charge either that Kumar gave false address and participated in the auction...no oral evidence from witnesses or I.O and no documentary evidence to show that both are the same person.police has not produced any report to this effect.. so strictly speakingthis man from Kerala has not participated in the auction but man from a.p participated in auction.. so the conspiracy charge that A1 in the charge sheet colluded with otherswill stand??..trial is in argument stage..
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Now you need to ask court to complete charge sheet and get accused into police custody, so they accused will open mouth in the custody.
Or here you need to prove charge sheet is not correct has few doubts in it when this got changed.
Present or call both accused in the court for cross examination at a time kumar and A1
I can provide you supreme court 2-3 citations on similar case. Need case full history, issue, fact and current trail proceedings.
It is necessary to peruse FIR , charge sheet filed , evidence on record to advice
2) burden of proof is upon prosecution to prove allegations beyond reasonable doubt
3) if there is no evidence of collusion other accused would be acquitted
From where A1 came in to picture. Let assume, A took part in auction and submitted forged draft. FIR filed agasint him, now How A1 involved ?
The contents of the post does not give clear picture.
In order to give suggestion, the clear details of case are required viz., FIR, Charge Sheet and the proofs / evidence submitted by the State / Prosecution.
It is the Prosecution who has to prove the case put forth by it.
In case if the Prosecution does not produce evidence against person of Kerala and/or AP they will be acquitted.
Sum and substance is that, the Prosecution has to prove its case without having any reasonable doubt.
Whats your question sir?
Better u seek the detailed consultation by disclosing complete details in this case, so that exactly can be suggested to do.
If police is suspecting that both are different persons then there must be evidence for that such as different father name and age etc.
This is a matter of trial and arguments.
The counsel for accused has to prove the facts what you say before the court in a convincing manner in order to get the accused released from this case by getting him acquitted.
The documentary evidences in support of accused has to be produced to the satisfaction of the court.
For decision in this regard, you may browse indian kaanoon.org or live law by choosing the specific subject.