Evidentary value of written evidence exhibited by I.O. in absence of witness

vinod bansal (Querist) 29 September 2010 This query is : Resolved
R/Experts
In my case u/ss 154/160(2) Railways act,investigating officer recorded statement of some persons during investigation,but didnot cite them in the list of prosecution witnesses and now investigating officer in his court evidence exhibit that statements of other persons,who were not present in the court.Though my objection was recorded being inadmissible evidence.what is evidentary value of this exhibit. Kindly suggest.Thanks

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Devajyoti Barman (Expert) 29 September 2010
Unless the statements are corroborated by the same witnesses in the dock, those have no value.

Advocate. Arunagiri (Expert) 30 September 2010
The evidentary value of the I/O is zero. The I/O is the complainant, his own statement will not help to prove his case, there must be a third party witness or documentary evidence to prove the case. The I/O has to prove his case through witnesses. If the statements of witnesses are produced by the I/O that is not enough he has to produce the witness physically for examination and cross examination.

Kirti Kar Tripathi (Expert) 30 September 2010
The report of investigation officer is relevant only to the extent that he had conducted investigation, so for as the material collected by him during the investigation can be relied, only when the persons, supplying material of giving statement are produced for cross examination. in case, they are not produced for cross examination, their statements given during the course of investigation can not be relied upon.