These 10 points will save the innocents and put actual criminals into Jail.
The STATE ( Government) has no trust on JUDICIARY. Forged encounter is the best example of this.
The STATE ( Government) has no trust on JUDICIARY. Forged encounter is the best example of this.
Why the Government and public can not trust on Judiciary?
Because Criminal Trial is based on traditional police investigation ( start from the police languages of FIR & Statement u/s 161 CrPC) and Evidence on Oath ( not trustworthy) as well as mechanical/formula based Judgments).
How much the word, “Encounter Specialist” is used in police department and valid in law?
Why the Encounter Specialists are promoted after killing number of criminals ?
Why they are not facing trial for Murder from Judicial Custody like other similar accused?
How all the encounters were held with the encounter specialists only and he is promoted after killing number of criminals like, 20-30 within few years?
Because it is allowed and accepted in police department despite illegal. Sorry, it is chewing teeth of elephant, not visible in pen and paper.
Why police use to take law into their hands?
Because during trial the witnesses may change their statement or some other reasons of the accused may be acquitted. It means police has no trust on Indian Judiciary. Police means the STATE.
What is the remedy?
Cr.P.C. Should be changed from the beginning.
1. First, the Complainant shall write the complaint by his/her own language, not by police on the mechanical, traditional or technical language of police.
2. I.O. Should give explanation on such false plea, “Khas Mukhber ne bataye” - “ koi chashmadid gawah nahi mila” ( even in an accident case police ko koi eye witness nahi milta). These are carrying since the British period and find in each and every FIR.
3. Statement of witness must be video recorded and signed ( need amendment in Sec 161CrPC).
4. Photography should be essential in every stage of investigation from making raiding party, DD Entry of every movement, recovery, arrest, disclosure etc.
5. No use of taking Oath of Bhagwat Gita as everyone telling lies. Oath, if any, it can be on own child ( Bachhon ki Kashim).
6. There is no need of Sketching the spot of occurrence. Take videos and photos so that presence of public witness can come on record.
7. Statement Of accused should be recorded at the time of Bail and before charge and be kept under sealed cover. In such case there would be minimum possibility of manipulation of fact.
8. Such statement of accused be considered at the time of Charge. In such case innocent accused can be discharged easily. The scope on charge could be vast.
9. Mobile photography recorded by public must be part of investigation.
10. Police shall behave in s sober manner during investigation leaving the habit of earning ( bribes ), caste, political influence. Hence call recording of IO should be added as a part of investigation.
Anyway, I have shared my 28 years experience in this field. I feel the traditional practice must be changed and use of electronics like video recording, mobile photography, sound recording etc should be compulsory to use in police investigation. These 10 points will save the innocents and put actual criminals into Jail.
( Please give your opinion)
Asit Kumar Roy, Advocate
26/06/2020
Because Criminal Trial is based on traditional police investigation ( start from the police languages of FIR & Statement u/s 161 CrPC) and Evidence on Oath ( not trustworthy) as well as mechanical/formula based Judgments).
How much the word, “Encounter Specialist” is used in police department and valid in law?
Why the Encounter Specialists are promoted after killing number of criminals ?
Why they are not facing trial for Murder from Judicial Custody like other similar accused?
How all the encounters were held with the encounter specialists only and he is promoted after killing number of criminals like, 20-30 within few years?
Because it is allowed and accepted in police department despite illegal. Sorry, it is chewing teeth of elephant, not visible in pen and paper.
Why police use to take law into their hands?
Because during trial the witnesses may change their statement or some other reasons of the accused may be acquitted. It means police has no trust on Indian Judiciary. Police means the STATE.
What is the remedy?
Cr.P.C. Should be changed from the beginning.
1. First, the Complainant shall write the complaint by his/her own language, not by police on the mechanical, traditional or technical language of police.
2. I.O. Should give explanation on such false plea, “Khas Mukhber ne bataye” - “ koi chashmadid gawah nahi mila” ( even in an accident case police ko koi eye witness nahi milta). These are carrying since the British period and find in each and every FIR.
3. Statement of witness must be video recorded and signed ( need amendment in Sec 161CrPC).
4. Photography should be essential in every stage of investigation from making raiding party, DD Entry of every movement, recovery, arrest, disclosure etc.
5. No use of taking Oath of Bhagwat Gita as everyone telling lies. Oath, if any, it can be on own child ( Bachhon ki Kashim).
6. There is no need of Sketching the spot of occurrence. Take videos and photos so that presence of public witness can come on record.
7. Statement Of accused should be recorded at the time of Bail and before charge and be kept under sealed cover. In such case there would be minimum possibility of manipulation of fact.
8. Such statement of accused be considered at the time of Charge. In such case innocent accused can be discharged easily. The scope on charge could be vast.
9. Mobile photography recorded by public must be part of investigation.
10. Police shall behave in s sober manner during investigation leaving the habit of earning ( bribes ), caste, political influence. Hence call recording of IO should be added as a part of investigation.
Anyway, I have shared my 28 years experience in this field. I feel the traditional practice must be changed and use of electronics like video recording, mobile photography, sound recording etc should be compulsory to use in police investigation. These 10 points will save the innocents and put actual criminals into Jail.
( Please give your opinion)
Asit Kumar Roy, Advocate
26/06/2020
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