The case and the procedure to be followed while talking about MACT cases and criminal cases are both very different.The MACT report as i said talks more about the insurance and registration details of the vehciles involved and not about the statements of the witnesses under section 161 crpc. MACT courts do no create any criminal liablility on anyone. They just determine the quantum of compensation to be paid to the victims and hence the DAR deals more with technicalities related to the Motor vehicles act and not CRPC>
In the above mentioned case howver the police has committed no irregularity as the statement of a witness under section 161 crpc is relevant only in criminal cases and not MACT. a few days ago in court i was appearing on behalf of an mact petitioner and the insurance lawyer asked the police to file the statements under 161 crpc to which i objected stating that this was a tactic to drlay the case as the 161 statements were not relevant for an mact case. the judge affirmed my arguement and his contentions were dismissed.
However sir it is pertinent to mention that if there are cuttings and omissions in the chargesheet then it it quiet possible that this creates doubt about the case of the prosecution. U may ask the police officer as to why he wrote what he wrote first and why did he then subsequently choose to cut it or overwrite over it. these form valid and legitimate questions.t=They may prove his mal;afide intentions and that he was either acting malafidely earlier while taking the recordings or later after changing them. Depends on where the overwriting is. Apart from that sir the police has not commited an irregularity.They are not under any obligation to file a statement of a witness whom they feel to be relevant to the case in any other case apart from the Criminal Case. ITt is the prerogative of the prosecution.They may however use the statement of the witnesses to the accident in case the offending vehicle denies the accident in the MACT court. Apart from that they dont have to and they usually dont
Good luck sir :)