Legal Question in Criminal Law in India

In a child fake/fabricated kidnapping case police took two persons from their homes in front of many persons of that locality at 4 pm (06-09-2011)on the plea of some interrogation. In document police shown them caught red-handed with ransom & child in a special operation carried out at 1.50 am (07-09-2011). Next day i.e. 07-09-2011 police submitted a self certified photocopy of a document (so called 'FURD') in local court certifying that signatures of two victims/witnesses (who were at the spot during police operation to catch the kidnappers) were taken by the police on this document. After 1 month police submitted original document wherein signatures of these two witnesses were found. Both the documents submitted by the police (whether it certified photocopy of the document or document in original) were prepared by the police & at present submitted in two different courts one under 364-A (photocopy) & another in 3/25 (Original).(Signatures of so called witnesses were never found by the court on the certified photocopy of document actually) At a first glance it seems that document was tempered by the police. Witnesses were not at the spot while preparing the document & police had to submit the same in the court therefore a certified photocopy of document (unsigned by the witnesses) was submitted. While submission of original document the signatures were taken & same was submitted to the court. At present certified photocopy of the same has been made 'SEALED' by the court on the request of petitioner counsel. Now What view of the court should be there regarding difference in photocopy & original copy. Whether it is tempering. What action may be taken by the court. whether the accused will get any benefit of this type of fabrication in an important document by the police.

Asked on 8/31/13, 7:31 am

1 Answer from Attorneys

Shrichand Nahar S.V.Nahar, Advocate

May be..Let witnesses appear and depose about the documents and then decide further line of action.

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Answered on 9/02/13, 12:50 am

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