Legal Question in Criminal Law in India
Acquittal on the ground that FIR has not been signed by complainant as per Cr.P.
Sir,
I am facing a trial I. P. C. 498(A), 406, 420, 114, 323, 504 & 506(2) and u/s 3 & 7 of dowry prohibition act. The complainant had given a written complaint by Registered post (A.D.) to the police station where she resides. The police officer had recorded his complaint under zero number and transferred to the place where the alleged cause of action arose. The police officer here registered an offence and visited to her house and recorded her as well as her witness�s statement but no signature was obtained on FIR filed as per Cr.P.C 154 and now the case is at the stage of recording evidence in JMFC. So is it possible to be acquitted on the ground that the said complaint has not been signed by the complainant which violates Cr.P.C 154(1)?
3 Answers from Attorneys
Re: Acquittal on the ground that FIR has not been signed by complainant as per C
Sir,
In case of your problem, it is not possible to be acquitted
merely on the ground as the FIR is not signed by the
complainant. But on the other hand, if the complainant did
not appear in the court to corroborate her statement
i.e application having signatures/thumb impression upon
which FIR was recorded then the benefit is given to the accused.
Besides this, it is also clarified to you that the statement
of witnesses recorded by police does not require signatures u/s
161 Cr.P.C. The statement of witnesses cannot goes in favour
of complainant unless the alledged recorded statements proved
in court by way of giving evidence in favour of complainant
as Prosecution Witnesses.
Re: Acquittal on the ground that FIR has not been signed by complainant as per C
The offence came to be registered in pursuance of a written complaint to one Police Station and after registration of an offence that Police Station forwarded the Complaint to another Police Station for Investigation. As far as forwarding a copy of FIR with a Report U/s.157 Cr.P.C. by Poilce is concerned, same does not require signature of the First Informant. The subsequent Statement recorded by another Police Station does ot require any signature in view of provisions of section 161 Cr.P.C.
As such, you are not entitled to any benefit much less an acquittal on the ground of the FIR forwarded to the Magistrate does not bear signature of the First Informant.
Re: Acquittal on the ground that FIR has not been signed by complainant as per C
In my opinion no since she has sent a signed complaint to the police station .The signed complaint can be treated as a FIR.
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