• CrPC 468 limitation applicable for 15 years old case under 326 IPC

State case filed 15 yrs before came for hearing for the first time.Most of the witnesses are dead or not traceable including investigation officer and medical officer who certified the injury certificate as 1x1x1 cm wound.( nowhere mentioned grievous hurt.) only the complainant and his wife are there to depose.The 3 prosecution witnesses  mentioned in the fir at the crime spot are not supporting the prosecution story one witness is also dead. The complainant is saying that he was unconscious for 15 hours and his statement was taken after that.The statement has been endorsed by medical officer that the patient was fully conscious of the previous  date.My query is whether crpc 468 is applied to this case.How strong the prosecution case . please advise.
Asked 10 months ago in Criminal Law from Pune, Maharashtra
Religion: Hindu
Bharat Damodar Kale & Anr. v. State of Andhra Pradesh1
 .  it was held  by SC  that for the
purpose of computing the period of limitation, the relevant
date is the date of filing of complaint or initiating criminal
proceedings and not the date of taking cognizance by a
Magistrate or issuance of a process by court. 

2)The object of the criminal law isto punish perpetrators of crime. This is in tune with the well known legal maxim ‘nullum tempus aut locus occurrit regi’,
which means that a crime never dies

3) complaint  is not barred by limitation if complaint is filed in time 
Ajay Sethi
Advocate, Mumbai
23316 Answers
1220 Consultations
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1) if the IO, medical officer are not traceable and 3 witnesses are not supporting  prosecution story then it would be difficult for prosecution to prove case beynd reasonable doubt 

2) in addition there is apparent contradiction in statement of complainant and that of doctor . 

if complainant was unconscious till 8th morning obviously his statement could not have been recorded on 7th August as alleged by doctor 
Ajay Sethi
Advocate, Mumbai
23316 Answers
1220 Consultations
5.0 on 5.0
468 is not attracted to this. It is your statement that the case was filed 15 years ago but came up for hearing now, so there is no delay. It is not wise or even possible to comment on the merits of the case unless the FIR and statements are perused threadbare. Be that as it may, the accused can be convicted on the statements of the complainant and his wife if they are inspiring.
Ashish Davessar
Advocate, Jaipur
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449 Consultations
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The period of limitation shall be-
six months, if the offence is punishable with fine only;
one year, if the offence is punishable with imprisonment for a term not exceeding one year;
three years, if the offence is punishable with imprisonment for a term exceeding one year but not exceeding three years.
But this is only when the cognizance itself is not taken:
Except as otherwise provided elsewhere in this Code, no Court, shall take cognizance of an offence  after the expiry of the period of limitation.
In your case the FIR and charge sheet were already filed duly very long back hence this section may not be applicable to your case.
T Kalaiselvan
Advocate, Vellore
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127 Consultations
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the statement of the pw 1 is taken on  7th august before 12 o clock in the night. he was assaulted on his head by a iron rod at about 9 o,clock in the night.in his cross examination he is saying that his statement was taken on 8 th august morning till then he was unconscious. the said statement is endorsed by medical officer of his full consciousness and the date is 7 th august.if he is right then prosecution story and the statment is become useless.please expand on this point.
The above contents is a matter of trial and final arguments in the case. The contradictions may be useful to you during the time of final argument and you can highlight the lacuna and the controversial contradictions observed and recorded. 
T Kalaiselvan
Advocate, Vellore
14105 Answers
127 Consultations
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1) untested evidence is no evidence 

2)witnesses have to be available for cross examination 

3) in your case evidence of doctor would be necessary to prove nature of injuries , treatment given to the complainant etc 

Ajay Sethi
Advocate, Mumbai
23316 Answers
1220 Consultations
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If the particular medical officer is not available, any other doctor can depose evidence based on the report and if the court insists on the particular medical office only, then the prosecution may file a petition to dispense with the evidence.  This will be a situation advantage to the accused.
T Kalaiselvan
Advocate, Vellore
14105 Answers
127 Consultations
5.0 on 5.0
His failure to appear in the court goes against the prosecution as it surrounds the prosecution story in suspicion.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0

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