CrPC S.157

Criminal Procedure Code - Section 157 - Delay in compliance of Section 157 of the Code cannot, in itself, be a good ground to acquit the appellant - Albeit, this fact has to be considered when we examine the credibility of the version of the eye-witnesses - FIR was received in the office of the Chief Judicial Magistrate with a delay of 11 days. 2020 SCeJ 733 


 Criminal Trial - Reliability of eye-witnesses – Plea that PW-1 and PW-2 were planted witnesses as they had stated in their testimonies that they had not seen anyone from the field unit, though photographs exhibited 13/C-1 to 13/C-13 were taken by the field unit  -  Ambiguity as to the presence of the field unit and to the photographs primarily arises from the testimonies of PW-1 and PW-2 who had not confirmed their presence and the photographs - But this can easily be explained as the said witnesses had recently witnessed a murder by atleast 5 bullet shots, moreover, a witness would not be aware about the difference between an officer of field unit and officers attached to the Police Station.2020 SCeJ 733 


Criminal Trial - Non recording of name of the deceased in the proceedings by field unit - Is inconsequential for these details are duly mentioned in the panchayatnama and other documents which were prepared on the same day and were sent to the Doctor who had conducted the post mortem Lapse on the part of the field unit in non-mentioning the name of the deceased would not justify an order of acquittal -  Field unit stayed at the spot from 10:50 a.m. till 02:00 p.m., which would indicate that non-mentioning of the name of the deceased was an error and does not imply that the name of the deceased was unknown, given the fact that the post-mortem was conducted on the same day and that the murder had taken place in a residential locality and the deceased was a well-known person and a local politician. Further police officer deposed as to the presence of huge crowd assembled at the spot. 2020 SCeJ 733 

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    kanav (Wednesday, 20 January 2021 11:27)


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