Defacto complainant and other victim innocence
M Satyanarayana
(Querist) 01 November 2013
This query is : Resolved
Sir,
Whenever a crime takes place the concerned Police Station I.O./SHO is given the task of investigation and preparing F.I.R. signature is obtained by the complainant and after that, laying charge sheet before the concerned Judge or Magistrate this is the procedure in our country (India). Further in the Court the case is further pursued by the Public Prosecutor/A.P.P. or Govt Pleader (GP), the defence is represented by lawyer and advocate from accused side. What can the victim do when the P.P. does not perform his duties sincerely or in connivance with the Accused.
Now the question is when an Investigation Officer is carrying out duties he may be tempted to receive bribe and in the process the F.I.R. will not reflect true picture of the crime and may distort the evidence of either parties. In our constitution is there any right to question the correctness of recording F.I.R. by the I.O. in many cases even FIR copies are not supplied ?
When the F.I.R. comes into the Court the Public Prosecutor in connivance with the Accused can manage to get acquittal by not cross examining the accused and giving escape route to the accused. On the other hand Victim and defacto complainant is cross examined by the accused advocate preparing a escape route to the accused when the Judge is only recording what is told by the cross examiner advocate and ignoring what is told by the victim.
Can a defacto complainant or victim has a right to review or go through what has been actually recorded or transpired in the court during chief examination or cross examination when no time is given to read the statement given by the Defacto Complainant and Victim taking signature. Can he examine his statements after recording his statement by court. If there is mistake in quoting the statements by the victim what is the remedy.
For such lapses/omissions what are the remedies open to the general public under our constitution. Can the victim ask P.P. or can independently file for a review in the same court or High court.
Please kindly advise.
MSN
Devajyoti Barman
(Expert) 01 November 2013
Purely an academic and hypothetical query.
ABDUL RAZIQUE
(Expert) 01 November 2013
Perhaps you are an advocate, come in practice then understand all the point out matter.
