Monday, May 17, 2010

Criminal Procedure Code, 1973

Criminal Procedure Code, 1973—Delay in despatch of the documents, such as the original report, the printed form of FIR, inquest report and statement of witnesses recorded during inquest and the statements of witnesses recorded under Section 161(3) of Cr.P.C.—Whether fatal to the case of prosecution?—Held, there is no quarrel with that proposition and the importance of requirement of sending the vital documents to the Court without any delay—But the delay may occur due to variety of facts and circumstances—Delay in despatch of the said documents by itself may not be fatal to the prosecution in each and every case—The question as to what is the effect of delay in sending the vital documents to the Court may have to be assessed and appreciated on the facts and circumstances of each case—It is not possible to lay down that delay in despatch of the vital documents in each and every case defeats the prosecution’s case.

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