Dear Experts,
I am an accused in a 498a case. The complainant (PW1) was cross-examined by my lawyer and during her cross-examination PW1 was confronted with certain documents bearing her signatures, which she identified and those documents were labelled as Exhibits and as Marks during her cross-examination and same was mentioned in her cross-examination. I applied for certified copy of her cross-examination and documents labelled as exhibits and marks. The copying section only gave certified copy of her cross-examination but not of the exhibited and marked documents and told me that until those exhibited and marked documents are signed by the Magistrate, they can't give their certified copy to me. Meanwhile the magistrate got transferred and the new magistrate who came in place of pervious magistrate has not signed those documents labelled as exhibits and marks. My questions are:-
(i) Does lack of signature of magistrate (previous or present) on documents exhibited and marked during cross-examination of PW1 decrease/affect the evidentiary value of those documents inspite of these documents being part of my case file ?
(ii) Is it necessary that documents exhibited and marked during cross-examination of PW1 can only be signed by previous magistrate in whose presence cross-examination of PW1 was conducted and the present magistrate can't sign them for me to get a certified copy of those exhibits and marks?
(iii) What shall I do to get the documents exhibited and marked during cross-examination of PW1 signed by magistrate for getting their certified copy?
Please guide.
Thank you very much.
Regards,
Angad
