138 nia accused tenders documents during ce of complainant

Ok, I will  throw the light

But this light will be useful for next cases only, as cross of this case must have been over....Magistrate could not have given adjournment for this...

Ideally, Cross is non restrictive type, and the accused is at liberty to mark any document as defense exhibit by confronting the complainant.......for example if the complainant says that he did not receive the cash, then accused can confront him with the cash receipt and get it marked......another example complainant can say that it was not security cheque, in that case accused can confront him with some letter indicating this being a cheque.......

Please keep in mind.....the foundation for defense is developed only during cross examination.....the more prudent question is what if the cash receipt as stated above is denied by the complainant ? Mere confrontation of complainant witness with a private document during CE is not the proof of contents of this document if denied...But thats a different aspect, but the answer to your question is that any kind of relevant document can be introduced at the time of cross examination......

Real Example:

1. Complainant employee issued a signed cash receipt.

2. Complainant does not mention about this anywhere.

3. He admits the said employee, as his employee when asked tactfully.

4. But he denies the cash receipt when confronted, the same gets marked as Exh- Dx..

5. Accused calls this employee as his witness to prove the cash receipt...he can even call this employee as court witness citing a fear that he may lie being the complainant man....court may deny as court witness but cannot deny as accused witness.

[Note : Accused could successfully prove the receipt without his side giving any formal evidence, but not confronted during cross then situation could have been difficult]

Generally accused counsel traps complainant completely if he denies cash receipt.......employees when confronted with a fear of perjury babbles out everything......job of a good defense lawyer.

Thank U Trivedi Sr!

Now I come to another Vital Question!

If the accused gets his defence document marked like this then what is he required to give in his defence when the case is listed for defence evidence 

The document is marked, and let us it is denied by the complainant during cross.

If it is not Public Document, then the defense has to prove the document. Proof of document is a normal routine exercise handled by almost all the lawyers, so it should not be a problem. In nutshell the person who executed this document needs to be examined on oath by summoning/producing him as witness and should be made available for cross examination. Some trial courts may insist list of witness even by accused. But please do not remain under the impression that marking of private document during cross is sufficient, no it is not, if the document is denied it must be proved. many counsel makes this mistake.....