EFFECT OF NON PROVING OF CHALLAN
vinod bansal
(Querist) 17 January 2010
This query is : Resolved
R/MEMBERS
IN A CASE OF GAMBLING ACT INSP/SHO WHO PREPARED CHALLAN/REPORT U/S 173 CRPC NEVER COME/STEPPED IN WITNESS BOX,EVEN HIS SIGNATURE WERE ALSO NOT IDENTIFIED BY INVESTIGATING OFFICER IN HIS COURT EVIDENCE.KINDLY ADVICE ME WHAT IS LEGAL PREPOSITION IN THE LIGHT OF THIS ABOVE ASPECT.tHANX
Devajyoti Barman
(Expert) 17 January 2010
Mere not identifying the signature of the person who prepared the challan by the investigating officer is not damaging for the case. In any event the person who prepared the challan is the best witness to identify his own signature.
adv. rajeev ( rajoo )
(Expert) 18 January 2010
It does not affect the case. In a criminal case eye wittnesses are important.