Submission of incomplete chargesheet whtether beneficial for accused persons?
nishant
(Querist) 31 January 2013
This query is : Resolved
Hi experts, how r u?
i required your help urgently plz help
facts of my case- Iam defense lawyer. my clients are accused person facing trial for more than 6 years u/s 324,504,506,34 IPC. The case is on evidence part heard stage. police authority has filed chargesheet having list of witnesses. In this list there is name of doctor. He is BAMS doctor. Doctor is not government servant but having private hospital. But at the time of filling the chargesheet police authority did not filed Medico legal certificate before court.only investigating officer & doctor's depostion is remaining in this case & eye witnesses, complainant(i.e. informant) deposition has been completed.I think original complainant(informant) is having xerox copy Medico legal Certificate, yet he has not filed it in case.
Now advocate for prosecution has served notice to investigating officer to submit Medico legal certificate before court.
so my queries are
1) whether investigating officer at this stage can submit Medico legal certificate before court?
2) whether at this stage original complaint (informant) can submit xerox copy of Medico legal certificate before court?
3) As defense lawyer i can take objection on this point?
4) whether accused person can take benefit of this?
5) Is there any citation/ case law on this point which will help me?
Raj Kumar Makkad
(Expert) 07 March 2013
If the charge-sheet is incomplete, its benefit shall definitely go in favour of the accused person but its benefit should be taken wisefuly otherwise many time prosecution gets its errors completed due to the wrong cross-examination of the defence.
