• Same punchnama used in multiple cases / charge sheet

In a matter where seizure punchnama was drawn in 1st case. Mainly computers & printer which was used to create forged documents.

Subsequently the accused was arrested in another case of similar nature.

Investigating Offer of 2nd case did not get any seizure from the accused in respect to computers & printers.

Accused in his statement to the police stated that all the articles have been seized in the 1st case.

Investigating Officer (IO) of the 2nd case uses the (NOT certified true copy) Xerox copy punchnama of the 1st case in his charge sheet. 

IO of 2nd case did not use CA report (soft copy of contents in the computer) in the 2nd case.

In absence of computers & printer that have been seized by the 1st IO case of 2nd IO cannot be proved in court.

Accused is Charged Framed in both the case.

Both the cases are been heard by the same Judge and are having same court dates.

My Question: 

1) Can the prosecution read the punchnama from the 1st case into the 2nd case.

2) Can the Hob’ble Judge allow the same?

3) Any citation where it can be said that copy of punchnama from 1st case cannot be used in the 2nd case. 

4) Can the Punch of the 1st case be examined in the 2nd case by the prosecution. Punch has not taken any part in the  investigation of the 2nd case by the IO.

5) Can the prosecution use the CA report from the 1st case into the 2nd case.

Pranay10000@yahoo.com
Asked 2 years ago in Criminal Law from Mumbai, Maharashtra
1. No unless the same is formally proved.
2.Yes if it is formally proved.
3. Citations have no water tight applicability and its applicability varies with facts situation.
4.Yes, he can be examined at the time of its formal proof.
5.Yes by way of secondary evidence.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
Dear Querist
My opinion on your queries are as under:

1) Can the prosecution read the punchnama from the 1st case into the 2nd case.
Opinion: No, it can not be read.

2) Can the Hob’ble Judge allow the same?
Opinion: No, the Court should not be allow the same.

3) Any citation where it can be said that copy of punchnama from 1st case cannot be used in the 2nd case. 
Opinion: For citations you have to search your self or contact a lawyer with all the documents, the Citation may be vary and depend on case to case.

4) Can the Punch of the 1st case be examined in the 2nd case by the prosecution. Punch has not taken any part in the  investigation of the 2nd case by the IO.
Opinion: No, they can not be examined in 2nd case by the prosecution. if they examined then it will be examined as formal witnesses.

5) Can the prosecution use the CA report from the 1st case into the 2nd case.
Opinion: Yes, prosecution may use the CA report of the same in 2nd case but can not be used as preliminary evidence, it may be secondary evidence.
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
131 Consultations
4.9 on 5.0
if same offence has been committed by the same offender then all the offences are treated as one offence and all exibits are treated as same for the all case. there is no bunch of cases . there is only one case so IO can not prepare another panchnama because that article is already sub judice in the court.
Shivendra Pratap Singh
Advocate, Lucknow
2797 Answers
41 Consultations
4.9 on 5.0
The Prosecution cannot read 1st case panchnama into 2nd case and ideally this cannot be allowed by the Judge hearing the matter. The Panch from 1st case can be examined in the second case as a formal witness, there is no bar in producing witness. 

AS regards the CA Report from the 1st case, it can be used by the prosecution in the second case as well but the same will be considered as secondary evidence and must be corroborated by any other primary form of evidence as well.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
5.0 on 5.0
1. The prosecution cannot be allowed to read the punchnama from the first case into the second case, more so in view of the fact that the punchnama has not been proved yet in first case. There is no bar to producing the punch as a witness in the second case.

2. A citations is not a bible which can be readily imported into the facts of a case. The facts of every case are different, and so is the application of a citation.

3. Prosecution may jolly well use CA report form the first case in the second case, albeit only as a corroborating evidence. CA report can be used only to corroborate any other primary evidence.
Ashish Davessar
Advocate, Jaipur
18264 Answers
450 Consultations
5.0 on 5.0
1. No unless it is proved,

2. Yes, once it is proved,

3. Citations are case specific and are not standardised,

4. Yes, as secondary evidence.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
‘PANCHNAMA’ plays very important role in criminal justice delivery system.
The genuineness and accuracy of investigating agency could be define from the ‘PANCHNAMA’ what they have recorded during investigation. Duly proved PANCHNAMA entrusts genuineness of investigation which helps to prove case beyond all reasonable doubt. ‘PANCHNAMA’ is very important aspect of criminal investigation; it corroborates main evidence if duly proved. Panchnama is a documentary evidence which can be proved in the court of law by testimony of concern Panch witnesses or Investigation Officer who has investigated case or proceed over the inquiry.

If same offence has been committed by the same accused then all the offences are treated as one offence and all exhibits are treated as same for the all case. There is no bar to producing the punchnama as a witness in the second case. In your case the Prosecution cannot read 1st case panchnama into 2nd case.
Ajay N S
Advocate, Ernakulam
1918 Answers
19 Consultations
5.0 on 5.0

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