CASE AND COUNTER CASE UNDER CRIMINAL LAW

 

CASE AND COUNTER CASE UNDER CRIMINAL LAW

 

The cardinal principle of Criminal Law is that the prosecution has to prove its case beyond all reasonable doubt. Hence, heavy duty is cast upon the prosecution to prove its case by placing all reliable, material witnesses, documents and material objects in order to prove the charges and to get conviction.

If an information making out a cognizable offence is reported to an officer-in-charge of the Police Station as well Counter Complaint setting-forth allegations in one and the same incident, then the Investigation Officer has to make thorough investigation to find out the truth or otherwise of the “REPORT” submitted by different persons alleging each other responsible for the crime. If both the parties sustained injuries, it is the duty of the Investigation Officer to collect evidence in both the cases such as Accident Register, Wound Certificate and to collect evidences from the place of occurrence in order to find out who are the aggressors. Unlike other Criminal cases if a case and counter case is registered, after the collection of evidences all the materials have to be submitted to the District Public Prosecutor for opinion and then both the cases have to be charge- sheeted.

Police Standing Order 588-A is the guiding provision when case and counter case has been reported.

Both the case and cross-case to be placed before the same Judge and Judgments should be pronounced on the same day. The relevant Judgment on the point is reported in [Sudhir and others Vs. State of Madhya Pradesh].

Whether injury of the accused is to be explained:

It is pertinent to point out the landmark judgment on this point : [Laxmi Singh Vs. State of Bihar],

The principle laid down in the above case is very much important. So, the relevant portion is extracted hereunder: In a similar case, the non-explanation of the injuries sustained by the Accused at about the time of the occurrence or in the course of altercation is a very important circumstances from which the Court can draw the following inferences:

(1) that the prosecution has suppressed the genesis and the origin of the occurrence and has thus not presented the true version;

(2) that the witnesses, who have denied the presence of the injuries on the person of the accused are lying on a most material point and therefore their evidence is unreliable.

(3) that in case there is defence version which explains the injuries on the person of the accused it is rendered probable so as to throw doubt on the prosecution case. The omission on the part of the prosecution to explain the injuries on the person of the accused assumes greater importance where the evidence consists of interested and inimical witnesses or where the defence gives a version which competes in probability with that of the prosecution case ……….”

The principle laid down by the Hon’ble Apex Court in the above judgment has been followed in many cases. Though the landmark guiding judgment has been pronounced in the year 1976 itself, even after the lapse of nearly forty years, now we have seen many Criminal cases ended in acquittal for the reason that the injury on the accused has not been explained. All the materials regarding the occurrence has not been placed i.e., true version of occurrence has not been placed.

Whether the records of the Counter case is to be marked in cross-case:

In order to explain the injuries on the accused and to have a fair trial all the documents viz., FIR, Accident Register, Wound Certificate is to be produced and those documents have to be duly proved by examining necessary witnesses and then only prosecution will get success. It is the learned Trial Judge to find out who are the aggressors and not the Investigating Officer. So, it is the bounden duty of the Investigation Officer to submit all relevant records before the Court.

CONCLUSION :-

Thus, it is made clear that even after lapse of nearly 40 years after the authoritative judgment by the Hon’ble Apex Court on the point, the prosecution fails in explaining injuries on the accused. Hence, for the simple reason that they have not placed all the documents before Court and non-explanation of injuries on the accused, many cases are ended in acquittal. Viewing the same from the point of victim atleast here-after, we expect that the prosecution follows the judicial dictum on the point and get sure success.