Withhelding report of ballistic by prosecution/effect
vinod bansal
(Querist) 22 January 2010
This query is : Resolved
R/Members
I am representing a gunshot murder case on behalf of accused,bullet which was removed from the body od deceased was sent to FSL for comparison with pistol of accused but prosecution closed its evidence without tendering any ballistic report/opinion,eye witnesses are supporting case of prosecution,kindly suggest me effect of non tendering/withheld report of FSL though bullet was sent for comparison,case is posted for tomorrow,kindly advice.Thanx . Regards Vinod Bansal Advocate Jind
R.R. KRISHNAA
(Expert) 22 January 2010
As the evidence stage is closed file an application to reopen the evidence stating the necessity of the report and its value. You can argue that the report is required to comply with the procedure of evidence in gunshot matters and if report is not submitted and considered by court, it would tantamount to subversion of procedural laws and lead to injustice.
prakash vathore
(Expert) 22 January 2010
hi krishanaa, problem in hand is that prosecution closed the witness and our member is for accused so it is good for accused coz prosecution has failed to prove its case, so our member can argue that porsecution had not establied that the bullet which is find in the victim's body r fired from the accused pistol.
