Rajinder Kumar (ऐसा) 10 January 2018

Appreciation of evidence

In trial, a dispatch register (1976 to 1992) was produced by prosecution with two witnesses (issuing authority SDM and one clerk of relevant time). SDM denied his signature on Scheduled tribe certificate in question which was issued in November 1983 and said that only one dispatch register was in the office and entry of same certificate must be in the register which is not there. Ultimately sentence was awarded u/s 420 and 471.

The register has entries of ST/SC/Character/income/Himachali certificates in the register from 1976 till May, 1982. On 1st June, 82, two pages crossed by pen continuously by entering there word ‘CLOSED’ and on 3rd page, there are words in bold ‘INCOME/CHARACTER CERTIFICATES REGISTER’. There is no entry of any certificate after that till 1992 in the register except income/character certificates.

Unfortunately, the lawyer did not notice this and could not put suggestion/question in this regard to these 2 witnesses. After appeal, new lawyer noticed all this and raised informally the fact to session judge. Session judge gave idea to ask clarification through RTI Act.

IN RTI info, PIO said that they had record of issuance of ST certificates from 1976 to 1982in the same register and had no record from 82 to 89 and in 1990,91 and 92 issued 120, 135,170 ST certificates as per their record.

False statement of SDM/clerk revealed in this way. Mean time, session judge transferred and we lost again. Now, we are in High court. My questions are:-

Without putting suggestion/question to witness, can fact of wrong production of record and false statements of SDM/Clerk not prove in court (when it is very clear in register itself)?
Are question/suggestions must from witnesses to adjudicate the matter?
How RTI info can be produced in high court as new evidence or how we can take benefit of RTI info?

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8 Replies

Vijay Raj Mahajan (Advocate) 10 January 2018

Under section 391 of the Cr.P.C the Appellate court may take further evidence or direct it to be taken by the trail court. If you want to present RTI report as piece of evidence in the matter, you may present it with the application under this section if your case is in appeal stage in the High Court.

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N.K.Assumi (Advocate) 10 January 2018

In adition to Vijay Raj Mahajan, just pray to the appellate court for production of all those relevant register from 1976 to date. Your case is based on documentary evidence, and xcept those documentary evidence, all other evidence are excluded, also known as best evidence rule.

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Rajinder Kumar (ऐसा) 10 January 2018

very interesting and exciting.Documentary evidence has more value than ocular evidence?

N.K.Assumi (Advocate) 10 January 2018

Rajinder Kumar, please dont think that is my opinion, but that is what the Law stated ok, all the best. I hope all is good in Himachal.

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Rajinder Kumar (ऐसा) 10 January 2018

I think the register and even my certificate itself come under best evidence rule. only thing is to understand the explanation which is being given by us about entries in that register.

G.L.N. Prasad (Retired employee.) 10 January 2018

Any material fact that was learnt to subsequent proceedings can be pleaded before HC, and a petition ASMP can be filed before HC.

It is HC to study the circumstances and they can either admit or reject such evidence depending on circumstances and facts.

Misrepresentation is also a fraud on court and suppressing material fact is also a fraud, and any one can bring such fraud in subsequent proceedings.

Limitation period commences from the date of knowledge. All documents / letter with the seal of public authority are Public record as defined under Indian Evidence act.

When the Advocate knows all these, he will certainly consider those material facts and he is aware of such procedure to move before HC.

What ever is being stated here is only for knowledge of client and never to argue with his own advocate.

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Rajinder Kumar (ऐसा) 10 January 2018

ANY POINTWISE MORE REPLIES?