SOP Station House Management by Kerala Police

104 9. COURT CRAFT
the IO to deposit properties
seized as and when seized or;
positively at the time of filing
report and acknowledgement
obtained to that effect.
(13) At times, the property
seized may not be deposited
in the Court by over
sight or at the instructions of
the Court to deposit at a later
stage, for that also proper care
should be taken to deposit in
time as instructed.
(14) The responsibility of
IO does not cease the moment
case is charged. He should
see that minimum a SCPO attends
the Court regularly and
when the trial starts, the IO
should invariably be present
and watch the Court proceedings
and the depositions of
witnesses. This not only impresses
the presiding officer
but it will have an impact on
the witness and his deposition.
(15) The improper of ineffective
conducting of cases by
prosecutions will also have an
impact on Court proceedings.
This is due to lack of knowledge
or experience of the prosecutor.
(16) Sometimes it is possible
due to the collusion of either
IO or the prosecutor or
with both; the case may not
end successfully. The officers
with integrity and devotion to
work alone can overcome this.
(17) If the IO gets into a
witness box without refreshing
his memory, the case leads
to unsuccessful prosecution.
(18) IO being an important
witness, he should attend the
Court in advance, go through
the case file, get his memory
refreshed and consult the
prosecutor to overcome any
defects and lacunae of the witnesses.
Whenever IO deposes
evidence, his turnout should
be smart and observe Court
proceedings properly.
(19) Justice delayed is justice
denied. Therefore, the
IO should see that the case
is taken as early as possible
on file and trial is completed
early by producing the witnesses
regularly at each hearing.
(20) Benefit of doubt
is the utmost advantage
enjoyed by the accused.
It is the responsibility of the
prosecution to prove the case
beyond all reasonable doubt.
The IO should take all possible
steps to see that no room
is given for doubt.
(21) Non- Cooperation
between the Police and prosecutor
is also a fatal blow
for prosecution. Therefore,
both these agencies should go
hand in hand for the successful
prosecution.
(22) Non-attending of
Court by the IO or any other
Police officer, when the case
is posted for their statements
will also reflect adversely and
it is fatal in case of IO. At
times, the IO may be busy
in important matter and he
cannot attend during Court
in time. He should personally
attend Court, file memo or
see that a memo is filed on his
behalf and see that the matter
is adjourned. Above all
the IO should maintain good
rapport with the judiciary or
the prosecuting agency for
the successful prosecution of
cases and see that the charge
sheet is not retumed on flimsy
grounds which leads to abnormal
delay of trial and tends
towards acquittal.
9.10 Appeals &
Revisions
9.10.1 Appeals
Appeal is matter of right only
when specifically provided by
how appeal lies both on conviction
as well as acquittal.
1) According to Section
373 CrPC, appeal can be preferred
by a person (1) who
has been ordered under Section
117 CrPC to give security
for keeping peace or for
good behaviour, or security
(u/s.117 CrPC) is taken when
persons are directed by Executive
Magistrate under Sections
107 to 110 CrPC (ii) who
is aggrieved by any order refusing
to accept or rejecting
a surety, u/s. 121 CrPC (under
Section 121 CrPC a Magistrate
can refuse or reject any
surety for the persons who are
directed to give sureties under
Sections 106 to 110 CrPC).
2) (i) According to Section
373 CrPC, any person
convicted on a trial held by-
High Court may go in appeal,
against the conviction,
to Supreme Court. (ii) Any
person convicted by a Sessions
Judge or an Additional Sessions
Judge, may go in appeal
to the High Court against
the conviction. Any person
convicted by a Metropolitan
Magistrate or Asst. Sessions
Judge, or Magistrate of the
First Class may appeal to the
Court of Sessions.
3) The State Government
may in any case of conviction
on a trial held by any Court
other than a High Court, direct
the public prosecutor to
present an appeal to the High
Court against the sentence on
the ground of in its inadequacy.
When an appeal has
been filed against the sen-