value of chief of Investigation officer without cross examination
vinod bansal
(Querist) 14 May 2011
This query is : Resolved
R/Members LCI
In one of my criminal case,chief of I.O. was recorded but cross was deferred for next date,on next date I.O. could not appear and Prosecution evidence was closed by court order.Now what is evidentary value of chief of Investigation officer without cross examination.Kindly advice Regards
Guest
(Expert) 15 May 2011
Please see the order sheet of the court. I am sure the defence advocate must have preferred not to cross-examine the I.O. Only then the court would have closed the evidence. Otherwise, the court would not have oredered for closure of the evidence.
However, if without the defence having consented for the cross-examination the evidence would have been closed the same would not be correct and can well be challenged as biased through apeal, if the judgment affects the respondent in anyway.
M/s. Y-not legal services
(Expert) 15 May 2011
Yes. I agree with experts.. Even just find out that the for mentioned by court for non cross examination.. If anything stated against you mean just recall the i.o for your cross examination..
Guest
(Expert) 15 May 2011
see the order sheet of he court and find the reason for not examining the IO and if it is not favouring you than you can recall him for cross examination. some time the investigation office changed in very early stage of the investigation and another IO joins in place of that so also clear this fact
PARTHA P BORBORA
(Expert) 15 May 2011
without cross examination the chief has no value.
Advocate. Arunagiri
(Expert) 15 May 2011
If the witness was not crossed by the other side, the admission of chief Examination will be very weak.
Guest
(Expert) 15 May 2011
yes, i agree with experts
s.subramanian
(Expert) 15 May 2011
Dear Brother
Kindly read the judgment of the Supreme Court reported in AIR 1996 SC 2905 (1996 CrLJ 1653,1659.
In my humble opinion,even if the IO's evidence is eschewed on the ground of his non cross examination,it would not vitiate the criminal trial and it cannot be taken to be ground for urging acquittal.
vinod bansal
(Querist) 15 May 2011
prosecution Evidence was closed by court order as it was the last opportunity for prosecution evidence thats why court closed the p/evidence though io could not come to court for his cross examination, his chief was recorded on previous date and cross was deferred as court time was over.
Guest
(Expert) 15 May 2011
Dear Mr. Vinod,
Your clarification revealed that the prosecution was given opportunity to present the case, but the prosecution did not prefer to avail that fully, may be due to its own weak case. So, without cross-evidence the Examination-in-Chief becomes invalid and cannot be taken to the disadvantage of the respondent, whatsoever the I.O. would have said.
prashant pundhir
(Expert) 17 May 2011
The value of the chief examination is no value and also,if you are rite,after passing the order to defer the cross for next date,and without appearing the i.o. for the cross,court closed the opportunity of cross examination,the order is also not valid .Any way,the order of the court may be recalled and the i.o. will come again for cross examination .
adv. rajeev ( rajoo )
(Expert) 15 May 2011
