Effect of FIR under Section 325 & 326 IPC

Querist : Anonymous (Querist) 30 July 2010 This query is : Resolved
Police has recorded FIR on offenses under Section 325 & 326 I.P.C. Is it not necessary to produce the documents before
the Magistrate to analyze the gravity of the offenses. What order would be passed
if the court comes to the conclusion the offenses are serious. What would be the impact on the accused.

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Devajyoti Barman (Expert) 30 July 2010
Definitely the documents like medical certificate constitutes an important piece of evidence but not at the initial stage of the inquiry. The court only gets satisfied about the prima facie case of the prosecution and on its basis charge is framed. If the prosecution at the time of trial fails to come up with the corroborative evidence both oral and documentary, the benefit will go to the defence case.

Raj Kumar Makkad (Expert) 30 July 2010
I go with Barman.

Kiran Kumar (Expert) 31 July 2010
the matter must be at the investigation stage, the police will investigate the matter thoroughly but in case some lapse is made then such documents can be considered at the time of framing of charges, as Mr. Barman advised.

in criminal cases the burden is upon the prosecution to prove the case beyond reasonable doubt.

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