Do not worry I will get acquitted brother as ur description
IPC 420,467,468,471,120B
Case is at final stage .Jabti Panchama witnesses from prosecution have been hostile, but they identified their signature on jabti panchnama as they told before the court that their signatures had been taken on blank paper(jabti panchama). Prosecution recalled investigation officer under section 311 of crpc for numbering articles on jabti .court directed to prosecution to call IO for article numbering only not for any discussion on the board.Even IO has given his statement during trial of the case that no evidence met out related to case My question is at this stage if IO/prosecution finds any clue in the form of docs/ jabti related to case ..can any request from prosecution be filed before the court for adding that clue/docs with the case ? if yes what section will be there
Asked 6 years ago in Criminal Law
Religion: Hindu
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12 Answers
The witness can not be recalled on the same issue time and again.
If anything new is to be deposed on seizure list then after giving 2 chances the court is unlikely to give another chance.
in any event the option remains tor ecall the IO one more time to testify on the new discovery but under the circumstances I find little chance for that.
Hello,
Court examines evidence neither to help the prosecution nor to help the accused. Evidence is examined in the interest of justice. Function of the court is to arrive at the truth. In such a situation power of the court under Section 311 of the Code cannot be robbed by providing that it could be exercised only till the case is posted for judgment. It is often that after the parties closed their evidence and arguments were addressed, the court is considering the evidence in the proper perspective.
You may refer to the judgment at the following link:
https://indiankanoon.org/doc/1250496/
Regards
Hi,the investigation is work of police and the prosecution cannot monitor the investigation of police .. If some documents are relevant and holds importance for a case , it is only upon the investigation officer to put it on records or if the complainant can itself provide at his evidence
In a criminal trial when a prosecution witness is summoned to produce evidence and he appears before the court but does not confirm his previous evidence / statement recorded or collected by the investigative agency. He is called adverse witness or a hostile witness.
Generally , hostile witness benefited the accused in the criminal cases.
Section 311 empowers the court at any stage of any inquiry, trial or other proceedings under the Code to summon any person as a witness or examine any person in attendance, though not summoned as witness or recall and re-examine already examined witness.
The exercise of this power is only for decision of the case and not for action against the accused of the case. Hence , it is not necessary that a new section will include if any clue arise.
Once, I.O. has given his statement before the court during trial and no evidence met out related to the case , then now nothing will be new for the case.
Good luck
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Respected sir..
An application can be filed by the proscicution to add or produce documents under section 91 of crpc as per section Summons to produce document or other thing. Whenever any Court or any officer in charge of a police station considers that the production of any document or other thing is necessary or desirable for the purposes of any investigation, inquiry, trial or other proceeding under this Code by or before such Court or officer, such Court may issue a summons, or such officer a written order, to the person in whose possession or power such document or thing is believed to be, requiring him to attend and produce it, or to produce it, at the time and place stated in the summons or order. (2) Any person required under this section merely to produce a document or other thing shall be deemed to have complied with the requisition if he causes such document or thing to be produced instead of attending personally to produce the same...
Thank you
Sir if it is in final stage court will not permit them to fIle any application. Secondly a chargesheet is filed only after full investigation is complete. As such in your case the question of adding new clues does not arise at all.
it is under S.173(8) Cr.Pc where a supplementary final report can be filed by the IO which may be oral or documentary evidence. The I.O under this provision is empowered to conduct further investigation and file supplementary report regarding the further evidence collected during the course of further investigation.
Hi
As per your description the case is moving towards acquittal of the accused.( Also depends on thinking of Judge)
At this stage it seems that prosecution should not anything else in the evidences.
Mainly Nothing to Worry.
Thank You
Only section available is sec 91 Crpc.
But as the trail is almost concluded, such evidence will delay the trial as without exhibiting and cross examine on those documents, court cannot rely on them.
The prosecution has to obey the court order in this regard.
The prosecution cannot discover new facts from the documents which were already marked as exhibits
If the IO was recalled for numbering the articles only then the prosecutor cannot go beyond that
Any such petition filed by the prosecutor on the basis of any other additional clues may not be entertained by court especially when the defence lawyer objects to that.
At this stage no new evidence can be brought on record by prosecution as chargesheet has been filed and no application for supplementary chargesheet or fresh investigation is prayed.
