Legal Question in Criminal Law in India

in the f.i.r , charge sheet and in 161 statement of complaintant in a criminal case the basic fact which- lead to the alleged offence(crime) is not disclosed . the documents along with the challan however show the facts .is it not suppression of facts? how does it affect the prosecution case generelly?

Asked on 11/03/09, 11:02 pm

3 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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in case the fact is not reflected in f.i.r. chargesheet and statement u/s 161, the fact can be introduced by the witnesses lead by prosecution at the time of evidence. the credibility of this fact can be disputed on the ground that it was not reflected at the first instance. the accused may get benefit of doubt.

Answered on 11/03/09, 11:06 pm

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Seshadri Srinivasan www.lawconcern.com

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In criminal trials the perusal of the actual documents is absolutely necessary and a broad description as given in query is never going to complete facts necessary for rendering the advice.

Answered on 11/03/09, 11:37 pm

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