Non inclusion of skectch map in the cd and also investigation done by asi in a case of 307 ipc
surjit singh
(Querist) 06 November 2012
This query is : Resolved
In case case of 307 IPC, when the accused approach the DJ court for bail his bail application was rejected and in the bail rejection order itself it was written that after going through the CD and the sketch map of the place of occurrence the bail is rejected. Interestingly after one year when the charge sheet was filed and the accused was served with the copy of the CD there was no sketch map. On being checked in the original CD copy of the court also there is no sketch map of the place of occurrence. In the present case the recording of the statement of the PW is half complete.
My query is
(1) whether a defence can be taken that the CD has been changed after it was produced before the DJ at the time of bail when there was a sketch map attached with the CD.
(2) In this case the investigation was done by the four consecutive ASI of police who are not authorised by law to investigate a case of such nature, Whether this fault in the investigation will help as a defence.
Devajyoti Barman
(Expert) 06 November 2012
1. How could accused come to know about the contents of CD. It is surely out of his bounds.
2. On what basis are you saying that the ASI were not authorised?
surjit singh
(Querist) 07 November 2012
1. When the copy of the statement was given to the accused after the accusation was explained, it was the photo copy of CD available with the court. And when initially the anticipatory bail was rejected by the District Judge from the order of the District Judge it reflected that the District Judge has gone through the material in the CD and the Sketch Map in particular which is specifically mentioned in that order.
2. Police Mannual of the State of Bihar and Jharkhand itself says that no Officers below the rank of SI will investigate any crime, and an ASI can help in the investigation ie. like collection of evidence but he cannot write anything in the Case Diary. However there is a proviso that in special case ASI can lead the investigation when duly authorised by the competent authority by a notification as per law in special case.
THIS RULE OF INVESTIGATION TO BE MADE BY AN SI OF POLICE IS MADE IN MOST OF THE POLICE MANNUALS OF THE STATE IN INDIA.
surjit singh
(Querist) 13 November 2012
waiting for expert reply
surjit singh
(Querist) 03 December 2012
No expert opinion yet.
