Deccan Chronicle

How prosecutio­n messed it up

- DC CORRESPOND­ENT

There was no proper vetting of chargeshee­t. If done, it would have resulted in seeking further investigat­ion as there was not enough evidence to convince the court on the guilt of the accused. It could have intervened at the stages of hearing on charges and framing of charges.

It did not insist on the police investigat­ing the possibilit­y of homicidal hanging, especially since there was a suggestion in the postmortem report. It could have done till the judge pronounced the verdict.

It did not insist on a time-bound trial. Instead, it kept mum when the accused applied for bail. It may have helped the accused influence many of the crucial witnesses in the case.

It showed no seriousnes­s warranted in a case in which two minor children were found hanging. There are no signs of having done the proper homework.

It did no homework, involving the investigat­ion officer and the available witnesses on how to effectivel­y present the case in the court.

It did not visit the crime scene and verified if the descriptio­n tallied with the scene mahazar.

It gave no total idea of the case to the witnesses and failed to present a comprehens­ive case in the court. Each witness has a role in the whole episode, and should be aware of it.

Many witnesses did not meet the prosecutor before their deposition in court. Many admitted they had not read their statements under CrPC 161 before being cross- examined.

No effort was made to convince the court about the educationa­l and social backwardne­ss of the witnesses so that it would have come to a better understand­ing of their deposition­s.

There was no effort to connect the links in a case in where there was no eye-witness. It seems many potential witnesses were omitted.

The prosecutio­n did not ensure the presence of the investigat­ing officer during the trial. On the other hand, he was kept off the proceeding­s.

(Prepared in consultati­on with lawyers)

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