Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Criminal Procedure Code 1973 : Sections 156 and 15'7 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Criminal law : Criminal Procedure Code, 1973 : Sections 156 and 157- Defective investigation-Effect of-Held : It is not proper to acquit the accused, despite defective investigation, if the case is otherwise established conclusively.Section 309-Witness-Examination of-Held : Should be continued from day to day so as not to give a chance to the accused to threaten or win over the witness. Criminal Trial: Object of-Duties of Judge-Held: A Judge should not only see that no innocent man is punished but also ensure that a guilty man does not escape. Prosecution-lnvestigating Officer (IO)-Non-examination of-IO did not step into the witness box without any justifiable ground-However, IO was not a material witness for establishing whether the accused or the complainant party was the aggressor-Evidence of injured witnesses corroborated by medical evidence-Accused had examined defence witnesses for establishing their say-Held : non-examination of IO is no ground for discarding such evidence. Prosecution-lndependent witnesses-Non-examination of-Held : Cannot be a ground for rejecting the evidence of injured witnesses. Prosecution-lnjured witnesses-Examination of-Delay in-One of them had injuries on his face with swollen mouth and could hardly speak-The other was under tremendous fear from the accused persons-Their evidence was convincing and reliable-Held: Mere delay in their examination not a ground to discard their evidence.Evidence-Appreciation of-Name of of the accused not mentioned ill FIR-However, his identity was mentioned in the FIR- All the prosecution witnesses identified him and there was no reason to falsely implicate him-Held : Courts below have rightly rejected the contention that the evidence of the eyewitnesses should not be relied upon since the accused is not named in the FIR. Evidence-Appreciation of-Aggressor-Determination of Record did not indicate that-Complainant party was accused with any weapon-As against this accused persons were accused with deadly weapons-Injuries caused to complainant party more serious while minor injuries caused to two of the accused-Held : In the circumstances of the case, accused persons are the aggressors-Pena/ Code, 1860, S. 97. |
Judge | Hon'ble Mr. Justice M.B. Shah |
Neutral Citation | 2000 INSC 27 |
Petitioner | Ambika Prasad And Anr. |
Respondent | State (delhi Administration, Delhi) |
SCR | [2000] 1 S.C.R. 342 |
Judgement Date | 2000-01-21 |
Case Number | 1152 |
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