Non production Of Investigating officer
Arvind Singh Chauhan
(Querist) 11 August 2009
This query is : Resolved
Please show me some citations about the effect of non production of investigating officer before court as a witness.
Nishith P Thakkar
(Expert) 14 August 2009
dear arvinji
hear are the hot cake for u.
Ramdeo v. State of
U.P., reported in 1995 Supl. (1) SCC, 547, the Apex Court held that it is always
desirable for the prosecution to examine the Investigating Officer. However, non
examination of the Investigating Officer does not in any way create any dent in
the . prosecution case, much less affect the credibility or otherwise
trustworthy testimony of the eye witness.
In the case of Bihari Prasad v. State of Bihar reported in (1996)2 SCC,
317, AIR 1996 SC, 2905 the Apex Court held that for non examination of the
Investigating Officer the prosecution case need not fail. It would not be
correct to contend that if the Investigating Officer is not examined the entire
case would fall to the ground as the accused were deprived of the opportunity to
effectively cross-examine the witnesses and bring out contradictions. It was
held that the case of prejudice likely to be suffered must depend upon facts of
each case and no universal strait jacket formula should be laid down that non-
examination of Investigating Officer per se vitiates the criminal trial.
In the case of Ambika Prasad v. State (Delhi Admn.) AIR 2000 SC 718, it
was held that non examination of Investigating Officer could not be a ground for
disbelieving eye witnesses. in the case of Bahadur Naik v. State of Bihar, AIR
2000 SC, 1582, 2000 Cri.L.J. 2466 it was held by the Apex Court that non
examination of an Investigating Officer was of no consequence when it could not
be shown as to what prejudice had been caused to the appellant by such non-
examination.
in the case of Ram Gulam Chaudhary v. State of Bihar,2001 AIR, SCW, 3802 AIR 2001 SC 2842 as below:-
The non-examination of the Investigating Officer has not lead to any
prejudice to the Appellants.
Arvindji, looking to the above case the prejudice is the matter to be shown during croos examination or arguments,,to the court and on that basis of which, the court can believe the non examination is fatal to the trial(prosecution) or not.
hop u find u'r self benefited by this
Nishith p ..09978112791
