Inquiry is to be Made by a Magistrate or Any Person Directed by the Court
Inquiry is to be made by a Magistrate or any person directed by the Court,where as, the investigation has to be made by a police officer or by a person ( other than a Magistrate) who is authorized by Magistrate in this behalf. To investigate into a cognizable offence,no order of a Magistrate is necessary. Investigation is totally a different concept from that of inquiry– State vs Secretary, Ministry of Public Administration (Criminal),67 DLR (AD) (2015) 271 ,Section 4 (K) L.
The Legislation has not contemplated investigation
The Legislation has not contemplated investigation into a case by two investigation agencies at a time or simultaneously. A reading of this section does not also show that investigation into a case by two investigation agencies can be done at a time or simultaneously. State vs Secretary , Ministry of Public Administration (Criminal) 67 DLR (AD) (2015) 271 (Section 156,167 and 173)
Mere Delay in Recording the Statement of a witness
Mere delay in recording the statement of a witness by the investigation officer can not be sole ground to discard his evidence,if he withstands the test of cross-examination and thus appears to be truthful witness.as may as 3 (three) different police officers investigated the case,and it appears to us that the change of investigation officer also contributed to the delay in examining them. —State vs Abdul kader @ Mobile Kader (Criminal) 67 DLR (AD) (2015)6 , (Section 161)
Retraction of a confession has no bearing whatsoever
Retraction of a confession has no bearing whatsoever if it was voluntarily made so far the maker is concern. It is, however,very weak type of a fact like any other fact and it can not be the basis cor conviction of a co-accused.—— (Per SK Sinha, J agrreing with Md Abdul wahab Miah,J ) State vs Abdul Kader @ Mobile Kader (Criminal) 67 DLR (AD) (2015) 6,Section 164(3)
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