The Supreme Court in a recent order stated that mere delay in sending the report under
Section 157 of the Code of Criminal Procedure, 1973, to the Magistrate itself, cannot affect the trial and the accused is not entitled to be acquitted solely on this ground.
The bench comprising of
Justice Ashok Bhushan and Justice Vineet Saran in the case of
Jafel Biswas v. State of West Bengal was hearing an appeal pertaining to a concurrent conviction in a murder case, in which the Calcutta High Court had affirmed the conviction of six accused. Advocate Pijush Roy, learned counsel appearing for the appellants submitted before the Bench that the report under Section 157 CrPC, 1973 which is to be forwarded to the Magistrate, was submitted with delay. It was argued that there is non-compliance of Section 157 CrPC, 1973.
The Bench relying on past precedents said that “the obligation is on the I.O. (investigating officer) to communicate the report to the Magistrate. The obligation cast on the I.O. is an obligation of a public duty. But it has been held by this Court that in the event the report is submitted with delay or due to any lapse, the trial shall not be affected. The delay in submitting the report is always taken as a ground to challenge the veracity of the F.I.R and the day and time of the lodging of the F.I.R.” “In cases where the date and time of the lodging of the F.I.R. is questioned, the report becomes more relevant. But mere delay in sending the report itself cannot lead to a conclusion that the trial is vitiated or the accused is entitled to be acquitted on this ground,” the Bench added. The Bench agreed with the Calcutta High Court on the point that it has rightly noted the submission and opined that to find out whether the F.I.R. is genuine or not, and whether the trial court has rightly convicted the accused or not, the entire evidence has to be looked into. With the abovementioned observation, the Bench dismissed the appeal and ordered that the appellants be immediately taken into custody by cancelling their bail bonds.
No Interference Needed When Adult Woman Marries as Per Her Choice and Decides to Convert: Calcutta High Court
Judiciary
Dec 23, 2020
Gautami Chakravarty
(
Editor: Ekta Joshi
)
13 Shares
The Calcutta High recently made it clear that if an adult marries as per her choice and decides to convert and not return to her paternal house, there could be no interference in the matter.The Bench of Justice Sanjib Banerjee and Justice Arijit Banerjee was hearing a plea by a father alleging that daughter aged 19 had gone missing on or about September 15, 2020.The background of the CaseAccording to a report filed by the Officer-in-Charge of Murutia Police Station dated December...
Calcutta High Court Expresses Displeasure Against Registry for Not Listing Petition for 23 Years
Judiciary
Dec 09, 2020
Gautami Chakravarty
(
Editor: Ekta Joshi
)
5 Shares
The Calcutta High Court on Friday (4th December, 2020) expressed its strong displeasure against its Registry for not listing a Habeas Corpus petition for the last 23 years in a case relating to a mother allegedly not having been handed over to her child following his birth at a hospital. ‘Though different directions were issued with the further order to the Registry of this court to list the matter after three months, it is a matter of great misfortune that this matter is...
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