Prosecution playing unfair !
Adv.R.P.Chugh
(Querist) 22 February 2012
This query is : Resolved
Dear Ld.Seniors,
In a matter in which I am appearing for the accused, I came to know during arguments on charge, that the prosecution has placed on record certain documents of which I was not given any copy alongwith the police report. I was not even informed of the same. Not a case where documents of confidential nature or priveleged documents. In the list of documents at the end of police report - there is no mention of these documents.
My query is whether the prosecution has the right to place on record or rather sneak in documents without informing accused and without seeking permission for the same in order to bolster their case ? Can i oppose the same ? The date on the documents show prosecution had them even at the time of original filing of Police Report.
Please Advice !
DEFENSE ADVOCATE.-firmaction@g
(Expert) 22 February 2012
These type of things happen and the defense advocate has to remain alert.
You put on record about non receipt of copies of documents and insist for its supply prior to further proceedings in the matter.
If you feel your case is week this is good point for revision.
Adv.R.P.Chugh
(Querist) 22 February 2012
Thanks, the court has provided us a copy of the documents - and fixed the matter for further arguments on charge.......The court has refused to go into material contradictions through the police report i.e FIR/161 Statement/Confessions(Inadmissible) - saying that it is matter of trial. Is it not material for the court to go into these points that do not need an elaborate examination and are apparent on the face of it - to adjudge whether prima facie case is made out or not ?
adv. rajeev ( rajoo )
(Expert) 22 February 2012
In criminal cases documents can be produced directly to the court.
Raj Kumar Makkad
(Expert) 22 February 2012
The determination of the question whether the accused has been deprived of a fair trial on account of delayed or protracted investigation would also depend on various factors 'including whether such delay was unreasonably long or caused deliberately or intentionally to hamper the defence of the accused, or Whether such delay was inevitable in the nature of things or whether it was due to the dilatory
tactics adopted by the accused. The court, in addition, has to consider whether such
delay on the part of the investigating agency has caused grave prejudice or
disadvantage to the accused; It is imperative that if investigation of a criminal proceeding staggers on with tardy pace due to the indolence or inefficiency of the investigating agency causing unreasonable and substantial delay resulting in grave prejudice or disadvantage to the accused, the court as the protector of the right and personal liberty of the citizen will step in aild resort to the drastic remedy of quashing further proceedings in such investigation. While so there are offences of grave magnitude such as diabolical' crimes of conspiracy or clandestine crimes committed by members of the underworld with their tentacles spread over various parts of the country or even abroad. The very nature of such offences would necessarily involve considerable time for unearthing the crimes book.
Raj Kumar Makkad
(Expert) 22 February 2012
The charge-sheet is nothing but a final report of police officer under Section 173(2) of the Cr.PC. The statutory requirement of the report under Section 173(2) would be complied with if the various details prescribed therein are included in the report.
This report is intimation to the magistrate that upon investigation into a cognizable offence the Investigating Office:- has been able to procure sufficient evidence for the court to inquire, into the offence and the necessary information is being sent to the court. In fact, the report under Section 173(2) purports to be an opinion of the Investigating Officer that as far as he is concerned he has been able to procure sufficient material for the trial
of the accused by the Court. The report is complete if it is accompanied with all the
documents and statements of witnesses as required by Section 175(5). 'Nothing more
need be stated in the report of the investing Officer. It is also not necessary that all the details of the offence must be stated. The details of the offence are required to be proved to bring home the guilt to the accused at a later stage i.e. in the course of the trial of the case by adducing acceptable evidence.
*(1991) 3 SCC655
N.K.Assumi
(Expert) 22 February 2012
Well said by the experts,but I also would like to add that it is the duty of the prosecution to prosecute and not to persecute and it is his duty to be fair to the court and it is for the court to scan the duty of the prosecution.The Prosecution and the Court which are the machinery of Justice should not act like the Queen in Alice in wonderland demanding for sentence before verdict?
