SC: FIR Should Not Be Too Sketchy

Press Trust Of India

New Delhi, October 15, 2007

First Published: 18:59 IST(15/10/2007)

An FIR should not be too sketchy to make investigation impossible, the Supreme Court has held.

“Lodging of an FIR is necessary for setting the criminal law in motion. It, however, should not be too sketchy so as to make initiation of investigation on the basis thereof impossible,” a Bench comprising Justices S B Sinha and Harjit Singh Bedi said. “Mere information with regard to commission of an offence may not for all intent and purpose satisfy the requirement of the FIR,” it said. The Court’s observation came while setting aside the conviction of three persons in a murder case that took place in Kolhapur District of Maharastra in 1993. In this case, two persons were killed on October 21, 1993 in presence of two alleged eyewitnesses, who passed on the information to the deceased family. The brother of the deceased then went to police station but he did not mention the names of the accused. The details of incidents were narrated to the police on the spot by another witness on the basis of the account of alleged eyewitness and names of the accused were mentioned. However, the court observed, “the alleged eyewitness had disclosed all the details about the incident to all whom they had met. Why they did not lodge the FIR has not been disclosed.”

“If the said prosecution witness who claimed himself to be the eye-witness was the person who could lodge an FIR, there was absolutely no reason why he himself didnot become the first informant,” the Bench said rejecting the statements of the alleged eyewitness who didnot approach the police after the incident.

___________________________________________

 

Advertisements

0 Responses to “SC: FIR Should Not Be Too Sketchy”



  1. Leave a Comment

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s




Visitors Since Mar/14/07

  • 3,027,463

Cluster Map

Live Traffic

Archives

Top Rated Posts

Some Interesting Stats On Arrests Of Women

In 1930, the British govt arrested 17,000 women for their involvement in the Dandi Yatra (Salt March). During 1937 to 1947 (10 Years), they arrested 5,000 women involved in the freedom struggle. From 2004 to 2006, the govt of India arrested 90,000 women of all ages under 498A. On the average, 27,000 women per year are being arrested under this flawed law. These are stats from the NCRB.

Copyright Notice:

The content of this blog is copyrighted. You are required to obtain prior permission before locally hosting or reproducing online or in print, any or part of the content. You are welcome to directly link to the content from your site. Page copy protected against web site content infringement by Copyscape MyFreeCopyright.com Registered & Protected Creative Commons License
This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 Unported License.

Disclaimer:

The family of the writer was tortured by the Indian Police in an attempt to extort over a $100,000 by holding them in custody for over a week. The police, in cahoots with the magistrate and the PP, did this due to the ridiculous allegations made in a 498A case by his embittered ex-wife. She filed the case years after he and his family had last seen her. Thousands of 498A cases are filed each year in India by women seeking to wreak vengeance on their husbands and in-laws. Enormous sums are extorted from intimidated families implicated in these cases by corrupt Indian police officers and elements of the Indian judiciary. The author and his family haven't bribed any public official nor have they given in to the extortion. This blog aims to raise awareness of due process in India. The content of this blog constitutes, opinions, observations, and publicly available documents. The intent is not to slander or defame anyone or any institution and is the manifestation of the author's right to freedom of expression – with all the protections this right guarantees.

Get Adobe Acrobat Reader

You will need adobe acrobat to read most of the documents. Please download adobe acrobat reader. Get Adobe Acrobat For Your System
October 2007
M T W T F S S
« Sep   Nov »
1234567
891011121314
15161718192021
22232425262728
293031  

%d bloggers like this: