Is it advisable to point out the lacunae in the inquiry
1 year ago
If the police have not adduced certain relevant document and not included in the Chargesheet, can the defence use it as "improper investigation" and seek acquittal? My advocate advises not to add more of evidences but argue on the basis of what has been presented by the prosecution. It is foisted POCSO case
A.Dear Client,
Under the following 3 cases, improper investigation maybe used as a defense.
i)Whether there have been acts of omission and commission which have resulted in improper or defective investigation.
ii) Whether such acts of omission and commission have adversely affected the case of the prosecution.
iii) Whether such default and acts were deliberate, unintentional or resulted from unavoidable circumstances of a given case.
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