Legal Question in Criminal Law in India
What is the importance of panchnama in a criminal trial.
If the panchas do not depose in the sessions court will it be a ground for technical default in case of appeal to High court.
Incident happened at 8.45 pm and the panchanama was done at 8.15 pm. will this amount to a fault as the trial court has considered it only as an irregularity. How can it be just a mere irregularity when the accused is in the police station at the time of happining of the incidence. Will this help the accused in claiming alibi.
Any case laws to support this contention.
Asked on 5/02/11, 9:03 pm
3 Answers from Attorneys
Aniruddha Pawse
Aniruddha.P.Pawse Advocates
yes it can help the accused
Answered on 5/02/11, 10:02 pm
RAJIV GUPTA
(Cell: +91 9811284735) [email protected]
in case the panch refuse to testify the panchnama and the accused has an alibi, the defence is strong.
Answered on 5/02/11, 11:29 pm
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