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of <h1>Petitioner acquitted after court deems cousin's statement as FIR, emphasizing accurate FIR recording</h1> <h3>Gurusami Naidu Versus Villis Guruswami Naidu</h3> The petitioner was initially convicted under Section 211, I. P. C. for providing false information to the police regarding injuries from a bomb explosion. ... - Issues:Conviction under Section 211, I. P. C. based on false charge. Interpretation of information given to police as the First Information Report (F. I. R.).Analysis:The petitioner was convicted under Section 211, I. P. C. for providing false information to the police. The incident involved the petitioner receiving injuries from a gunshot or bomb explosion. The cousin of the petitioner informed the police about the incident, but the police did not record the information in writing. The petitioner later provided a statement alleging specific individuals as his assailants. The police, after investigation, concluded that the petitioner's injuries were from a bomb explosion and not a gunshot. Additionally, one of the individuals named by the petitioner had a credible alibi. The petitioner's counsel argued that the cousin's information should be considered the First Information Report (F. I. R.) instead of the statement provided by the petitioner. The court agreed, emphasizing that the essence of an F. I. R. is to report a cognizable offense, regardless of the level of detail provided. The court cited a relevant case where unrecorded information was deemed the F. I. R. over a subsequent report. The court held that the statement used for conviction was inadmissible under Section 162, Criminal P. C., leading to the petitioner's acquittal and release.In conclusion, the judgment focused on the crucial aspect of determining the validity of the information provided to the police as the F. I. R. in cases involving criminal offenses. The court emphasized that the essence of an F. I. R. is to report a cognizable offense, irrespective of the level of detail or subsequent investigations. The court's decision to consider the cousin's initial information as the F. I. R. and disregard the petitioner's statement led to the acquittal of the petitioner based on the inadmissibility of the statement used for conviction. This case underscores the importance of accurately identifying and recording the F. I. R. in criminal proceedings to ensure fair and just outcomes.
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