457, 380 IPC
WHATSAPP 91-8075113965
(Querist) 08 July 2010
This query is : Resolved
Sirs,
in a theft case, the investigation officer was in SUDAN , along with UN PEACE KEEPING FORCE.So,the trial court waited for him for a very long time, to come and give evidence. but, as he was in a foreign country, he could not come and depose before the court.
then the prosecutor has filed a petition to substitute the investigation officer with a head constable of the same police station and unfortunately that petition was allowed by the court and he was examined in place of investigation officer,as he knows the signature of that particular sub-inspector.
the same sub-inspector himself has arrested the accused, effected 27 recovery, conducted the investigation, and also submitted charge-sheet.
such an officer has been substituted by a totally stranger police constable ?
is there any high court / supreme court rulings against such a practice ?
salilkumar.p
advocate
thalassery-670101
advocatesalil@gmail.com
+91-9447536929
S. Bharath
(Expert) 08 July 2010
The Constable will not be able to step into the shoes of the Sub-Inspector, but he can prove the documents, with the help of S. 294 [3] CrPC, or its Proviso. But such practice does affect the prosecution case.
