Legal Question in Criminal Law in India
in acriminal case complaintant did not turn up.so complaint is not marked from prosecution side.the f.i.r also not marked. some of my friends say this is fatal to the prosecution case. some others say the opposite.which is correct.is there any latest judgement reg this
Asked on 3/06/12, 7:10 pm
2 Answers from Attorneys
RAJIV GUPTA
(Cell: +91 9811284735) [email protected]
in case the complainant does not turn up, the judge may rely upon the evidence of other witnesses and pass the judgment.
Answered on 3/06/12, 10:24 pm
Shrichand Nahar
S.V.Nahar, Advocate
All depends on facts and circumstances of the case.
For example, somebody notices a dead body and police register a FIR of murder against unknown accused and unknown crime time, date etc. In such case, examination of complainant or proving of FIR is inconsequential.
Answered on 7/07/12, 2:10 am
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