You ha e not mentioned reasons why other documents were not marked in evidence
you can appeal against trial court order before HC
Request for Hold on ongoing court proceedings in a Sessions court
In a trial court for a fraud case, during PW1 examination only selective evidences (Exhibits P1 to P5) of total 12 nos are marked by the Judge in presence of PP. Next proceedings will be the cross examination. As other filed evidences (excluded) are also important, can the High Court be approached for a Hold on the proceedings for fair trial noting that accused A1 got convicted by District court in another fraud case earlier after trial court initially acquitted him.
Asked 6 years ago in Criminal Law
Religion: Other
7 Answers
1. The documents even if brought to the notice to court may not be exhibited if the same s unfit for formal proof.
2. In other words only primary evidence and in certain cases secondary evidences can be marked as exhbit in court. All documents filed in court may not be exhibited if the same is not fit for formal proof.
3. Hence without knowing the nature of those documents I can not say whether you have got merit in the event you file revision in sessions or high court on refusal of the trial court to mark documents as exhibits.
A criminal revision must be filed against such an order.
Regards
Some documents not marked as evidence by trial court are, a) online bank statement copy provided as certified bank statement not yet obtained (the details of such transaction was missed in charge sheet) b) Audio clip in CD wherein accused indirectly admits owning valuables under scrutiny c) copy of lost car registration (item as fraudulently obtained by accused in charge sheet) d) court order conviction of Accused involved in a different fraud case These are valuable evidences but not marked. If the PP does not support to file revision in the trial court, can the above evidences have the merit to appeal against the trial court before HC noting the current status of court proceedings (cross examination in progress)
Asked 6 years ago
a. If it is electronic evidence then certificate u/s 65B of the evidence act was required.
b. It can not be exhibited without report from FSL and matching with sample voice of the persons in the tape.
c.can't be exhibited.
d. If iit is certified copy then it has to be exhibited.
Did the pp plead before the trial court to admit these docs..if yes then the trial court should have given cogent reasons for not admitting them as evidence. If it has then that can be challenged. And if it has not given any reasons then too.
Regards
Yes being victim you can appeal and try to bring the said evidence on record through 391 crpc application
Section 65(B) of Indian Evidence Act says that electronic records needs to be certified by a person occupying a responsible official position for being admissible as evidence in any court proceedings.
2) said that if a person is not in a position to produce such certificate the provision of 65B should not be applied
3) requirement of certificate under Section 65B(4) is not always mandatory,
4) appeal can be filed against order before HC