• Filing edition evidence in trial by pp

Sir/Madem,
My name is kapila i have filed a tress pass, man handling case now it came on trial, i had record the entire incident but at time of fir police did not take the recording and now i am asking pp to file petition and submit the recording cd evidence to court but he is saying i don't have the authority to file the evidence 
pp is not co operating with me i requested judge even judge refuse to take any editional evidence plz help and guide what to do
thanking 
kapila
Asked 8 years ago in Criminal Law
Religion: Hindu

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11 Answers

1.Trial commences when charge sheet is submitted.In charge sheet the police discloses each and every piece of evidence which it collected in support of the case of the prosecution.

2.Now In your case the police certainly did not seize the video footage and if that is so it did not have any reflection the charge sheet.

3.in that event during recording of your evidence or other witnesses the video footage cannot be produced atall.

4.You will have to rely on ocular evidence of the complainant and witnesses if any.

I regret there is no other way out.

Devajyoti Barman
Advocate, Kolkata
23669 Answers
538 Consultations

Hello,

The trial will commence after filing of the charge sheet and charge sheet is filed after the police collects all the documents and files it in the form of charge sheet.

Certainly an important document has not been submitted by the police in your case and the same can not be submitted now. However the same may be bought on record at the time of examination and cross examination.

If however the judgement goes in favour of the accused then the same may be used as defence in an appeal.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

1) recording does not form part of the charge sheet

2)public prosecution will be leading evidence on behalf of the prosecution in your case

3) you cannot file additional evidence at this stage

Ajay Sethi
Advocate, Mumbai
100088 Answers
8173 Consultations

Respected sir/mam...

just ask that pp to move an appliction under section 190 of crpc ...and make that cd along with certificate of 65-B of indian evidence act ...and he refuse to sign your application you can make a complaint of this also under section 180 of IPC to prove it you have to record your convertation with him in any form ...you just have to file that application ..weather judge dissmis it or allow it ...if he dissmis you have options to go to session's court or high but sir you have to move an application ...

Thanku

Dinesh Sharawat
Advocate, Delhi
1266 Answers
12 Consultations

File a petition under section 482 crpc seeking a direction from the High Court to the effect that the Trial Court may permit you to file the additional evidence and the same may be taken on record.

Vibhanshu Srivastava
Advocate, Lucknow
9770 Answers
323 Consultations

Hi, file am application before judge for an additional evidence ,, if he rejects the application , you can file an appeal in the session or high court against the order and to allow the additional evidence

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

You are advised to move an application in writing before the trial court. In case it id declined, you can file revision before High Court.

Parkash Chand Bhardwaj
Advocate, Hamirpur
120 Answers

You can hire private counsel for you and he will prepare the appropriate application for you to include the additional evidence in the chargesheet.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

Dear Client,

It is not an additional evidence but an evidence police fail to include in investigation or intentionally evaded.

Well, i think one way out is , appoint an independent advocate and file an application u/s 173(8) Code of Criminal Procedure for further investigation on the ground that video recording regarding trespass has not been investigated by polite, n failed to take on record. IF not allowed file revision.

ALSO try to file an application u/s 91 of Cr.P.C.to summon video recording

Yogendra Singh Rajawat
Advocate, Jaipur
23086 Answers
31 Consultations

If this evidence was not mentioned in the complaint given by you at that time, then it may not be entertained now moreover the recording cannot be submitted before court without following the procedures meant for submitting the evidence as per the provisions of section 65B of Indian Evidence act.

If you still feel that this has to be taken as evidence then you may file a petition before court seeking re-investigation under section 173(8) cr.p.c. on the basis of the evinced in your possession after which the court may pass an order i this regard accordingly.

T Kalaiselvan
Advocate, Vellore
90291 Answers
2513 Consultations

Hi,

If PP is not supporting your version then better hire a lawyer and file an application under section 311 Crpc for recalling the witness.

When the application is allowed and you are again called for examination then at that time present the concerned recording, that will be taken as evidence and an exhibit Mark will be applied to that.

Thank You

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

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