324 IPC
Ganesh
(Querist) 02 May 2011
This query is : Resolved
What is the importance of panchnama in a criminal trial.
If the panchas do not depose in the sessions court will it be a ground for technical default in case of appeal to High court.
Incident happened at 8.45 pm and the panchanama was done at 8.15 pm. will this amount to a fault as the trial court has considered it only as an irregularity. How can it be just a mere irregularity when the accused is in the police station at the time of happining of the incidence. Will this help the accused in claiming alibi.
Any case laws to support this contention.
indrajit mukhopadhyay
(Expert) 03 May 2011
inquest is a very vital document in criminal trial and if the same is not exhibited defense will get the benefit in trial/appeal.
The variation in time in inquest is a glaring mistake on the part of prosecution and that's also a fatal to the prosecution case.
plea of alibi is a quiet different thing.This means at the time of the commission of crime the accused was in a different place.But variance in time in inquest is a different thing by which defense can challenge the verasity of the investigation and can claim the acquittal.
But mind you each and every case is determined according to it's own merit.
