Non mentioning the name of eye witness in site plan is fatal to prosecution

vinod bansal (Querist) 19 November 2011 This query is : Resolved
R/Experts
Kindly provide me any citation of Apex court in which court held that non mentioning the name of eye witness in site plan is fatal for prosecution.Thanx in anticipation.Regards
Vinod Bansal Advocate Jind

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Biswanath Roy (Expert) 19 November 2011
My Dear friend,your request is to find out a niddle from the garbage of a vat. The Apex court decides a case not only depending upon the facts of the case but the provision of law involved in the matter of a litigation and its constitutional sanction.Even in some cases the court reverses its own judgement. So unless the facts in details discloses merely supply of a citation shall not serve any purpose. Besides, as a Senior Advocate i am sorry to say that Experts are not like record supplier of an office But to guide you with legal advice.

Shonee Kapoor (Expert) 19 November 2011
This alone can not be ground of acquittal. As eyewitness can come forward after a gap too.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Shailesh Kr. Shah (Expert) 20 November 2011
you can try own at www.indiankanoon.org.

Devajyoti Barman (Expert) 20 November 2011
There are number of sites wherefrom you could search the required decisions as we are not much aware of the facts of your case.

dev kapoor (Expert) 20 November 2011
Hi,
Non-mentioning of the names of the eye-witnesses in the site plan of the place of occurrence (or recovery of incriminating articles etc)is not a sine qua non for the I.O. but such an infirmity,if highlighted in cross-examination of the IO,may be a circumstance against the prosecution but not,by itself, sufficient to record acquittal of the accused.

Rajeev Kumar (Expert) 20 November 2011
Yes i do agree with experts

vinod bansal (Querist) 20 November 2011
With due respect Roy Sir
First of all i feel sorry ,i would like to add that experts are always very helpful and cooperative at LCI,I will be careful in choosing words in query in future.You are absolutely right,Regards.