Proof of bodily injury
Querist :
Anonymous
(Querist) 01 August 2011
This query is : Resolved
Madam/Sir,
Came across a unique case and needed some inputs, with citations if possible.
In this case the place of occurrence was visited, seizure of material objects made, seizure memos drawn up and signed, and ONLY THEN the FIR was filed and the case endorsed to the I.O. (the same officer who visited the spot and made seizures). I.O. has tried to show that FIR was first filed and only thereafter he visited the p.o. and made seizure. But from depositions of P.W's it is clear that this is an attempt at a cover up.
So what are the legal implications of the seizures being made before FIR and also before the case was endorsed to the I.O.?
Second, the Medical Officer who examined the victims have not been called as P.W. and therefore has not deposed in Court.
In such a case, can it be said that the medical injury report and therefore the bodily injury itself have not been proved??
Hoping for a quick reply, and thank you in advance for your valuable time.
M/s. Y-not legal services
(Expert) 01 August 2011
Thats very usual in most of the police cases. The police will be prepare the PARVAI MAGAZAR witness at police station.. How funny is this? If police peoples all are intelligents means no one advocate succeed our case.
Raj Kumar Makkad
(Expert) 02 August 2011
If witnesses have deposed before Court during their evidence that the seizure was made prior to lodging of FIR and IO had visited the spot prior to ven lodging of FIR and even handing over case to him and if medical officer didn't appeal in court for the purpose of his evidence for the purpose of proving the injuries, his treatment or examination or MLR etc, the entire benefit shall go in favour of accused and story of prosecution shall become shrouded.
Querist :
Anonymous
(Querist) 02 August 2011
Thank you experts. Not to undermine you'll but I was hoping for more. Thank you once again.
Arun Kumar Bhagat
(Expert) 13 August 2011
No wrong has been done by the I.O. What ever the IO did before initiation of FIR is enquiry and on the basis of enquiry he has lodged FIR.
