Interrogation of accused
Om Prakash Dhusia
(Querist) 03 April 2011
This query is : Resolved
Dear fellows if a accused was never interrogated because he surrendered to the court and police never took him on remands but police concocted a story that the accused provided the crime's information during judicial custody but on record they did not provide any documents to prove that they ever paid visit to jail for accused interrogation/statement and our defence failed to ask specifically on this issue.
2)On the basis of this concocted story, police hatched a conspiracy to arrest his co-accused and proved that some facts were recovered u/s 27 Evidence Act which stands null and void since the very basis of this act was violated but again our defence failed to ask about it.
Would it stand as evidence against the accused where upon the co-accused have been acquitted of the charges.
I would welcome NO REPLY but please for heven's sake no vague or assumed replies.Regards
Advocate. Arunagiri
(Expert) 03 April 2011
If you give the clear and real facts, you could get a proper reply. When you ask a imaginary queries, the replies will also be exactly correct.
So, post your query with the real and clear facts.
Arvind Singh Chauhan
(Expert) 03 April 2011
You may ask to court to call the visitor's record of judicial lock up, to rebut the police's story. Or information may be asked from jail authorities under RTI.
indrajit mukhopadhyay
(Expert) 04 April 2011
your question is quite clear and the reply of Mr arvind seems to be wrong one.
your point is very much correct, if an accd was not taken into police custody then the story of leading discovery u/s 27 of indian evidence act destroys. 2ndly defence has made a serious mistake by not putting the question to io during cross examination regarding jail interrogation, but it does not mean that the real story was vanished.defence lawyer may put this point during argument in a different way.but mind you that was a very vital omission on part of defence lawyer.if the court takes the lenient view then this omission may not be vital,otherwise the stringent court may take this point against you.
Om Prakash Dhusia
(Querist) 05 April 2011
Dear fellows and especially to Mr Arunagiri, I know why you have stated as such, it is just an reaction to my earlier suggestions wherein I pointed out about the vague suggestions by the learneds in this column, anyway every action has reaction as per Newton's law.Here is the story:My son named Pankaj was framed u/s 364 IPC and he surrendered before the court and sent to jail under judicial custody on 23-08-1999.He was never arrested/interrogated by the police or even in the court's lock-up and remained in the jail awaiting bail.When we saw the CD/GD where police concoted a story that Pankaj was interrogated in the jail and he narrated the whole crime, the names of co-accused, modus operandi,the place of crime, the van and the driver involved during the abduction but he was never taken on remand despite narrating whole story of the crime and he even informed to the police that the victim was killed the same day of abduction.On the other hand police thatched a conspiracy and arrested some of his co-accused while they were conspiring to kill mother of the abducted and on their lead police recovered a shoe of the victim from the pond and these co-accused also repeated the same story like Pankaj.These accused were charged u/s 115,120B and 25 Arms Act separately and tried in another FTC where we proved that the house where conspiracy was alleged to be made, infact was occupied by its owner and he was staying in that quarter with his family, so FTC acquitted those co-acccused.Police added 302 IPC also along with 364 and my son remained in the jail for whole ONE YEAR.When the case came up for hearing where it was asked to produce the document which proves police visit to the jail, police had no such orders from competent authority for visiting jail to record statement of Pankaj, neither their name was found in the jail visitor's book nor they could produce the despatch number of the order so that duplicate copy could be obtained but this was our effort whereas our defence remained a silent spectator.So now the question is:1) If my son was not interrogated by police then how his statement came in the CD/GD?Isn't the fabrication of documents?2)Even if it is assumed that Pankaj was interrogated and it was he the first person by whom police knew the crime then why he was not taken on police remand?(This question was not asked by our defence)3)If an accused is not interrogated by the police and still on other flimsy evidence he was convicted and sentenced for 7 years u/s 364 IPC whereas if the murder was not proved he shouldn't have been convicted as per a jugement of the Honorable Supreme Court then what it amounts to in the eyes of law?Kindly do not suggest to go for appeal because I know that is the norm in India the so called champion of human rights and democracy. Mr Arunagiri, if you are the same person whose email Id is humanrights.....then why my mail was not responded which I have been awaiting since many months?Regards
