22 April 2020

Can adverse inference be drawn against prosecution for non examination of Investigating Officer?

The investigating officer was not brought before the Court for the reasons best known to it.

adverse-inferenceThus, the defence was deprived of the opportunity of proving this material omission for want of presence of investigating officer. In such a situation an adverse inference must be drawn against the prosecution.

Bombay High Court

State Of Maharashtra
Kondiba Bahiru Thambare

Decided on 20/03/2020

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