‘X’ police officer at the scene of offence prepared a sketch map relying on the statements made by witnesses. Whether it is admissible or not.

Facts of the Case

• An offence took place at a particular location.
• X, a police officer, arrived at the crime scene to conduct a preliminary investigation.
• He prepared a sketch map (site plan) depicting the crime scene.
• While preparing the sketch map, X relied not only on his own observations, but also on statements made by witnesses present at the scene.
• During trial, the prosecution seeks to produce this sketch map as part of evidence.
• The defence challenges its admissibility on the ground that it includes hearsay because it is based on witness statements.

Issues in the Case

1. Whether a sketch map prepared by a police officer is admissible as evidence?
2. Whether such a map becomes inadmissible if it is partly based on statements of witnesses?
3. Whether reliance on witness statements converts the map into hearsay?
4. Under what conditions can the sketch map be used as corroborative evidence under the Indian Evidence Act, 1872?
5. Whether the portion of the map based on officer’s personal observation and the portion based on witness statements can be separated?

Legal Principles Covered to Support Case Proceedings and Judgments

A. Relevant Provisions of the Indian Evidence Act

1. Section 60 — Oral Evidence Must Be Direct

• Evidence must be based on personal knowledge.
• If a police officer includes details in the sketch map based on statements of others, those portions may be considered hearsay, and hence inadmissible.

2. Section 45 — Expert Opinion

• A police officer is not an expert unless he has specialized training (e.g., forensic experts, surveyors).
• A sketch map based on technical expertise may fall under expert evidence, but a regular officer’s map is not expert evidence.

3. Section 159 & 160 — Refreshing Memory

• A witness, including a police officer, may refer to a document (such as a sketch map) prepared by him during investigation, but only as an aid to recollection, not as substantive evidence.

4. Section 157 — Corroboration

• Sketch map prepared on personal observation can be used to corroborate the testimony of the police officer.

B. Case Law Principles

1. Bir Singh v. State of Haryana, AIR 1978 SC

• A site plan prepared by a police officer is admissible only to the extent it relates to facts personally observed by him.

2. Ram Kishan Mithan Lal Sharma v. State of Bombay, AIR 1955 SC

• The Supreme Court held that maps or plans prepared by police officers do not become substantive evidence.
• They may be used for understanding the evidence, but not as proof of the facts stated unless the officer personally observed them.

*3. State of Rajasthan v. Kashi Ram (2006)

• Statements of witnesses cannot be incorporated in police-prepared documents unless those witnesses themselves enter the witness box and testify.

C. Principles Derived

1. Portions based on personal observation of the officer are admissible.
2. Portions based on witness statements are inadmissible, unless those witnesses later testify in court.
3. Sketch map is not substantive evidence.
4. Sketch map may be used only to corroborate a witness or officer’s own testimony.
5. If the map contains explanatory notes supplied by witnesses, such notes must be ignored by the court.

Possible Judgment

A. Admissible in Part, Inadmissible in Part

The court is likely to hold:

1. The sketch map itself is admissible as part of the police investigation record.
2. However, only those portions that reflect the personal observations of police officer X (such as location of body, distances, objects seen at the scene) are admissible.
3. Any portion based on statements of witnesses, such as:
   • Position of accused or victim as narrated by others
   • Events described by witnesses
   • Movements shown based on witness accounts
     are inadmissible under Section 60 because they constitute hearsay.

B. Use of the Sketch Map

• The sketch map may be used to corroborate the testimony of the police officer but cannot independently prove facts.
• The court may disregard portions not supported by witness testimony during trial.

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