New Delhi (PTI): The truth and veracity of the FIR cannot in all cases be tested with a reference to the entries made in the police station Daily Diary Report (DDR), the Supreme Court has held.
Even if, seemingly, there are inaccuracies in the entries recorded in the FIR and DDR, a conviction can still be imposed on the accused, the apex court said while upholding the life conviction of a man charged with murder.
"A defect on procedural irregularity, if any in investigation itself cannot vitiate and nullify the trial based on such erroneous investigation," a bench of Justices P P Naolekar and B Sudershan Reddy observed.
Interpreting Chapter 12 of the Criminal Procedure Code, the apex court also ruled that an FIR relating to the commission of a cognizable offence should first be entered in the FIR register and only thereafter, the information should be recorded in the police station's DDR.
The apex court passed the ruling while dismissing the appeal filed by accused Paramjit Singh alias Mithu Singh who challenged his conviction by the High Court which had reversed the order of acquittal passed by the trial court.
Mithu Singh was convicted along with another person Gurcharan Singh for the murder of Harnek Singh over a land dispute in Punjab's Sangrur district in 1989.
The sessions court acquitted the accused of the charge, but the High Court upon an appeal by the state convicted the duo to life imprisonment.