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A1981 (abc)     12 October 2013

Urgent please advice - crossex

The said case is at the stage of cross-examination of Investigation Officer (Dy.S.P.). During the cross-Ex IO has admitted that he has received the documentary evidences (material) sent by the accused during his investigation but neither he has provided those documents with case dairy nor he has mentioned them anywhere in his investigation report.

 

Honorable court is sized by the matter and upon request of defense counsel It has directed state police in question to bring all the documents and records in its possession before the court without fail and the cross-Ex is adjourned till next hearing.

 

Please advise will it be helpful for the defense case and what other actions are possible against his biased investigation?

Please advice for further actions.



Learning

 4 Replies

T. Kalaiselvan, Advocate (Advocate)     12 October 2013

Whether such documentary evidences will be useful/fruitful to your case has to be ascertained only by your lawyer, be in touch with him.

A1981 (abc)     12 October 2013

@above

That part I understood, anyway I can put my defense whether they bring the documents or not. That is not the question.

My question is the faulty and biased investigation which is proven in court. From here onward where the law will go? what law says in such situations ?

Points to be taken into consideration are - 

1. unfair investigation can not lead to fair trail.

2. Fair trail and investigation is guaranteed fundamental right of every citizen

 

A1981 (abc)     12 October 2013

Just got information - 

 

"Prejudice caused to accused on the part of investigation, the whole trial stands vitiated"

 

Please comment ...

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     13 October 2013

Dear Querist

if the investigation is not fair then the prosecution can not proved the case beyond doubt & the result is acquittal for accused.

feel free to call


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