Investigating officer,etc
Querist :
Anonymous
(Querist) 25 September 2011
This query is : Resolved
My query is regarding a criminal case filed under S 419,420,467,468,471 etc.The FIR was filed before a Sun Inspector of Police.The PSI investigated the case.The statements of witnesses were recorded by two constables assisting the PSI.Subsequently chargesheet was filed in the Court of JMFC.The charges were framed and witnesses were called for examination by the prosecution and the defence.Out of all the witnesses a few were examined but most of them are to be examined yet.Now I have learnt from my lawyers that the Investigating Officer and the constables who assisted him have passed away and will not be available for examination during the trial.I would like to know what will be the implication of this on the trial.
Thanks
Guest
(Expert) 25 September 2011
if the evidence is not produced in the court than the case of the prosecution will not be proved and you will be acquitted from the charge and rest is on the evidence, what type of evidence the prosecution will produce in the court.
Shonee Kapoor
(Expert) 25 September 2011
just the passing of IO and his subordinates is not enough for acquittal.
The case would be decided based on the evidence on record.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Biswanath Roy
(Expert) 25 September 2011
Ones evidence started and witnesses were examined excepting few, the case should be disposed accordingly and depending upon the available evidences.
Advocate M.Bhadra
(Expert) 25 September 2011
Since the FIR is concerned and the charge sheet filed by the IO then in absence of evidence of the IO, the case may be go on trial on available evidence.
Devajyoti Barman
(Expert) 25 September 2011
Since the investigation done by the police is mostly rerecorded in the case diary , so the death of the io and the constables would not cause much of a difference.
Shastri J.K.
(Expert) 26 September 2011
I do agree with experts.
Guest
(Expert) 27 September 2011
I also agree with experts.
Arun Kumar Bhagat
(Expert) 05 October 2011
Non-Examination of I.O shall be fatal for the prosecution because the statements recorded u/s 161 Cr.P.C shall remain uncorroborated and evidence given by the witnesses in court on dock shall be hit by Sec. 162(1) Cr. P.C rendering it inadmissible. It shall be presumed that no evidence was given to the IO and whatever has been stated in Court are after thought.
Arun Kumar Bhagat
(Expert) 05 October 2011
Non-Examination of I.O shall be fatal for the prosecution because the statements recorded u/s 161 Cr.P.C shall remain uncorroborated and evidence given by the witnesses in court on dock shall be hit by Sec. 162(1) Cr. P.C rendering it inadmissible. It shall be presumed that no evidence was given to the IO and whatever has been stated in Court are after thought.
Arun Kumar Bhagat
(Expert) 05 October 2011
Non-Examination of I.O shall be fatal for the prosecution because the statements recorded u/s 161 Cr.P.C shall remain uncorroborated and evidence given by the witnesses in court on dock shall be hit by Sec. 162(1) Cr. P.C rendering it inadmissible. It shall be presumed that no evidence was given to the IO and whatever has been stated in Court are after thought.
prabhakar singh
(Expert) 05 October 2011
i squarely agree with Mr. A k Bhagat.
Arun Kumar Bhagat
(Expert) 05 October 2011
Non-Examination of I.O shall be fatal for the prosecution because the statements recorded u/s 161 Cr.P.C shall remain uncorroborated and evidence given by the witnesses in court on dock shall be hit by Sec. 162(1) Cr. P.C rendering it inadmissible. It shall be presumed that no evidence was given to the IO and whatever has been stated in Court are after thought.
Shailesh Kr. Shah
(Expert) 05 October 2011
I agree with common opinions of all experts.
