can court go beyond law,evidence and fact in a criminal case
Sangramsinghrana
(Querist) 12 October 2010
This query is : Resolved
Respected Expert
(This is true case in which trial court convicted the accused against the law evidence and fact)-one person has moved a written complaint to police station mentioning that a particular person has, on 19-10-03 at 10.00 A.M. forcibly entered in his house and delivered threat to kill to him, the same complainant afer 5 days has got recorded a DDR in the police station on the basis of same written complaint but gave different statement that on 19-10-03 at 10.00 A.M. not only one person but first person came along with one another and threat i.e. not stated that both entered forcibly in his house and deliver threat to kill, on the basis of written complaint and DDR police has done invistigation and held that incident was happened at public place and also not with the complainant, complainant has filed a writ petition before Hon'ble H.C. of P&H for seeking direction for registration of a case by giving affidavit and statement that on 19-10-03 at 10.00A.M. first person, alongwith third person, which was not in picture in DDR and written complaint, has forcibly entered in his house and gave threat to kill, hon'ble H.C. gave direction to the police that if any cognizable offence is made out from DDR and written complaint the FIR be registered accordingly but as DDR and written complaint contradictory to each other being this reason police totally igonered the direction of HC but taking plea of order of HC has taken a new statement of complainant which is totally differ from previous DDR and written complaint and registered a FIR u/s 452/506 IPC including a new person alongwith the first person. Eye witness is same in all three statement. what offence was committed by police official and complainant with the HC and other court and with the innocent person and what is the duty of trial court to whom said case is pending for decision. whether trial court can convict the accused in these circumstances and what action can be taken by the accused against the police officials and complainant etc. Facts of this case are based on case/FIR no. 157/4-12-03 P.S. Julana Distt. Jind(Haryana). all nentioned evidence on case file and admitted by complainant.
s.subramanian
(Expert) 12 October 2010
The facts reveal that the accused has a good defence and bright chances to succeed. The rest can be done only after the criminal case ends in the acquittal of the accused. He has the right to proceed against the complainant and the police officers for malicious prosecution and damages.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 13 October 2010
In court it depends on the perception of the Judge and the skill of the opponent so you can weigh your case on scales like a math quiz.
Advocate. Arunagiri
(Expert) 14 October 2010
In my opinion police had done any thing wrong. They have simply recorded the complaint and the statements of the complainant. Even though it is contradictory the police has to record the statements.
From your narration the complainant had not contradicted from the main incident. He has every right to refresh his memories and give the statements. But, the FIR is going to be registered only with the First complaint. Statements are going to support the cases. The police has to investigate and find the truth.
If you can tell me the current status, I can give more suggestions.
