Respected Panelist,
In a case of criminal trial – is this allowed that:
Prosecution presents a witness (eye witness/chance witness) without taking his statement under section 161 CrPC?
Investigating officer (IO) forward a request to the Magistrate for statement under 164 CrPC of the victim without taking his statement under section 161 CrPC?
Investigating officer (IO) only attach statement under 164 CrPC of the victim with the charge sheet?
Can accused raise prejudice against the IO?
Please enlight with your expert advice.
Please also mention any case law citation which can help.
Many thanks.
Sunil
