• Evideces

We faced a criminal case. Case is as follows. 
In the execution of painting work on electrical  lines excess payment was released to the contractors. When noticed it was recovered from the contractors.  Measurement was done by junior engineers, I was SDO I varified the bills and Executive engineer passed the bills and made the payment to contractors. My part was that I did not exercise test checks on bills. But prosecution  has deposed that there was no suchpractice . Case was made that excess payment was released to give benefit to contractors by making connivance. We have agreed that due to some calculation mistake of measurement of tower excess payment was released.  Which was recovered duo motu from contractors without pointing out by any agency. FOR was registered after 5 years after the recovery on anonymous complaint.
I am a govt. Officer. My promotion was placed under 
sealed cover due to pendency of a criminal case. I submitted a writ in HC for early hearing of case. CJ directed the trial court to conclude the case within 3 months. The Ld Judge got ennoyed .In the trial court during cross examination of procecution witnesses the Ld. Judge did not allow to submit evidences in defence. He told to submit during defence case. Judge was not allowing proper cross examination of procecution witnesses. On the very next day we moved to the high court for change of trial judge. Ld CJ have stay on trial proceedings but later on some other Judge in HC dismissed the writ and directed us to give evidences during defence case. The case is based on the documentary evidences. Evidences were submitted during defence. One day before judgement the judge ammended the charge and took in writing from accused and pp that no cross examination is required.Not much cognigence of defence evidences was given by judge in judgement. He announced sentence to all accused . 
1. Can't an accused submit evidences  during cross examination of the star prosecution witness???  Pl advise whether we get some benefit in appeal  in HC? Support advice with citation.
2. Any citations on recovery of excess payment released to contractors. 
3.what shall be our stand in appeal in HC.
Asked 10 months ago in Criminal Law from Shimla, Himachal Pradesh
Religion: Hindu
1) you can confront the prosecution witnesses with documents in your possession during trial to obtain prosecution admission 

2) in appeal HC can consider defence documents which have been taken on record and exhibited 

3) further if by mistake excess payment has been made to contractors it has been duly recovered before any investigation was carried out by authorities. 

4) no loss has been caused to government 

5) you have to assail the trail court order as it has refused to consider defence evidence 
Ajay Sethi
Advocate, Mumbai
38836 Answers
2178 Consultations

5.0 on 5.0

1) judge cannot refuse to permit you to confront prosecution witnesses with documentary evidence in your possession 

2) unable to find any citations sought by you 
Ajay Sethi
Advocate, Mumbai
38836 Answers
2178 Consultations

5.0 on 5.0

If the court disallows defence evidence during cross examination of prosecution witness, then the accused can produce his side evidence during defence evidence, therefore there is no legal infirmity in the trial court presiding officer not permitting the defence side evidence during prosecution side witness cross examination. 
You have rights to prefer an appeal against the trial court judgment if you are aggrieved over the same especially when you feel that your points and observations were not given due consideration  by the trial court and feel that the trial court has ered in the judgment pronounced. 

For citations, as desired, you can rely upon your own advocate who would be able to procure one suiting to the situation and status of your case. 

You can prefer appeal on the grounds which you feel that has not been considered by the trial court and put forth your arguments strongly. 
T Kalaiselvan
Advocate, Vellore
28842 Answers
300 Consultations

5.0 on 5.0

1. Can it be refused by a judge to accept evidence in defence during cross examinationn of prosecution witness? Any citation pl mention. 

Yes, the court can disallow the evidence of defence side during cross examination of prosecution witness, if the said witness denies the knowledge of the evidence produced before it. 


2. Any citation on recovery of excess payment from contractors? ?

For citations you can contact your own advocate or search it in the internet.
T Kalaiselvan
Advocate, Vellore
28842 Answers
300 Consultations

5.0 on 5.0

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