investigation officer not examined- how fatal ?
WHATSAPP 91-8075113965
(Querist) 05 August 2010
This query is : Resolved
sirs,
in a theft case, arrest, seizure, investigation, and charge submitting everything has been done by same police officer. but, during trial, he was not available, as he was in sudan, serving with UNO.BUT, another officer of same police station was examined on his behalf, to prove his signature.but, he could not say anything about, arrest, seizure...etc, as he has not accompanied the said officer.
sirs, please tell me how far this will affect the prosecution case ?
also, suggest me some useful citations, which will be helpful for the defence side .
thanking you sirs,
SALIL KUMAR.P
ADVOCATE
THALASSERY-670101
MOB : 9447536929
advocatesalil@gmail.com
Dr. Jyothi Vishwanath
(Expert) 06 August 2010
I agree with Dr. Shashikumar. non-examination of the investigating officer weakens the prosecution case and the benefit of doubt goes to the accused.
Arvind Singh Chauhan
(Expert) 06 August 2010
Yes very fatal to the prosecution in these circumstances.
WHATSAPP 91-8075113965
(Querist) 06 August 2010
but, an officer of the same police station has been examined in his place, even against the strong objection of defence.
then also , is it fatal to prosecution ?
if so, can anybody provide any supreme court ruling to this effect ?
