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Postmortem/Forensic examination

(Querist) 12 June 2011 This query is : Resolved 
1.Is it necessary for prosecution for matching of recovered pellets from the body of deceased to ascertain ejection of those pellets from the seized crime weapons and standard of recovered pellets ?
2.Period of submission of a charge sheet to the court from the date of preparation/initiating a charge sheet by the prosecution? In a case, the I.O. submitted charge sheet on July 26th 2007 routing though C.O./P.O.,but the same was submitted before the concerned court on 15th of December 2007,is it proper ?
Guest (Expert) 12 June 2011
1. Yes it is compulsorily to prove by corroboration.
2. The delay is not always to fatal to prosecution. in your case the arms act and 302/307 of IPC will be charged. it only creates the doubts upon the investigation and not fatal.
Raj Kumar Makkad (Expert) 13 June 2011
I do agree with Ganesan
PALNITKAR V.V. (Expert) 14 June 2011
While I agree with reply on point no. 1 I want to differ on reply on point no.2 about delay. Delay in investigation may create doubt. But once investigation is completed and delay is caused in getting formal approval of higher authorities for sending chargesheet, that by itself may not create doubt about the prosecution. In Anti Corruption cases, they take several months to obtain sanction. That does not render the case of prosecution doubtful.


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