Apprehension of FIR being replaced in Court during trial
In a criminal Trial of Forgery during the defense witness, while the evidence of complainant was on it surfaced that the original FIR which was the basis of the charge sheet, was missing in the Court File. The Court recorded this fact and adjourned the matter and at the next hearing the FIR was there in the file and the evidence continued.
However the accused noted that in the list of documents which the Police attached with the Charge sheet the date of the FIR was mentioned as 01.11.1994 whereas the FIR that has now been made a part of the record is dated 02.11.1994.
The accused contended this before the trial court (orally) and brought the anomaly to the notice of the Court and objected to taking this FIR on record as it is not the FIR on the basis of which the charge sheet was filed. However the court gave no orders on this and did not make this objection also a part of court record.
The accused feels that there is some mischief and the FIR has been replaced by another FIR (dated 02.11.1994) which is not the same as the original FIR (dated 01.11.1994). In those times there were o computerized working and there is a possibility of the apprehension of the accused being true.
In these circumstances what should the accused do?
Should he file a written objection in this regard?
