Acceptence of documents in evidence
rishabh
(Querist) 06 October 2013
This query is : Resolved
Best wishes to all experts,
A complaint was filed before M.M. u/s 200 crpc and some documents were produced for the faciliation of court.
The documents were only copy of a copy procured from various case files.
The complaint was dismissed starightaway u/s 203 crpc by M.M.weighing those documents meticulously as case exhibits and deriving inferences about these evidences as to their genuineness.The reason given for dismissal was that, the evidence/documents produced don't seem to be genuine.No opportunity was given to the complainant nor court made any efforts to verify the contents of the documents by calling upon originals.
Can such documents, which have not been compared with the originals and whose contents have not been proved by primary evidence, be accepted & read in evidence in enquiry u/s 200 crpc and if not,is it a solid ground for the order of M.M.to be vitiated ?
Ms.Nirmala P.Rao
(Expert) 06 October 2013
Dear Client,
You can challenge the Order of dismissal passed by MM in a Criminal Revision petition under section 482 Cr.P.C before the High Court of your State on the grounds cited by you.
Rajendra K Goyal
(Expert) 06 October 2013
File criminal revision petition on the mentioned grounds.
R.K Nanda
(Expert) 06 October 2013
agree with experts.
rishabh
(Querist) 06 October 2013
thanks for response.
The query remains unclarified, whether the documents in the form of copy of a copy could be read in evidence or not?
rishabh
(Querist) 06 October 2013
thanks for response.
The query remains unclarified, whether the documents in the form of copy of a copy could be read in evidence or not?
Ms.Nirmala P.Rao
(Expert) 06 October 2013
Dear Client,
Under certain circumstances mentioned in Section 65(a) to (g)of Indian Evidence Act - only certified copies of original documents etc are admissible as secondary evidence only and they are not conclusive for clinchingly establishing your case.The court mayn't admit copies of copies as evidence at all.If originals are in the power and possession of some party the court may issue summons to that person to produce them in court.
rishabh
(Querist) 07 October 2013
Thanks Ms.Rao,
I would be grateful, if u clarify a point, the copy of copy were produced by the complainant u/s 200 crpc for the faciliation of court, which were marked as case exhibits and read as genuine evidence.
Obviously the M.M.did that deliberatley to avoid to summon the original documents, since the same are inexistent.
Is the act of M.M. punishable under any penal provisions, whether departmental/contempt or any other statue?
Sarvesh Kumar Sharma Advocate
(Expert) 06 October 2013
