Admissability
james
(Querist) 13 December 2011
This query is : Resolved
Police party went to a shop to seize some
contraband from a shop.When asked by the SI
the accused stated that he is the owner of the shop.,After preparing search list materials were seized by police.
The accompanying police man deposed this fact before the court.The court disallowed
the question on the ground that the statement
is exculpatory.Whether the view of the magistrate is correct?
V R SHROFF
(Expert) 13 December 2011
James,
Details are not sufficient What type of material seized, why? what was illegal or criminal??
Magistrate must have noted it
Guest
(Expert) 14 December 2011
Dear James,
The question arises, at what occasion the court disallowed the question, i.e., whether before or after the defendant made a plea of being guilty or not guilty? If you tried to question before the defendant pleaded guilty or not guilty, your action to put the question was not correct. In that case the view of the magistrate was correct and disallowance of question was quite justified.
Exculpatory evidence is the evidence favorable to the defendant in a criminal trial, which clears or tends to clear the defendant of guilt.
In normal course, police or prosecutor are not required to disclose to the defendant any exculpatory evidence they possess before the defendant makes a plea of being guilty or not guilty.
Of course, prosecutors have a duty to disclose exculpatory evidence even if not requested, but only at the right occasion during the trial. Although the prosecution is not obliged to search for exculpatory evidence, but it must disclose the evidence if it has in its possession, custody or control> Such evidence includes disclosure of all information known to all members of its team, e.g., police, investigators, crime lab, etc.
Shonee Kapoor
(Expert) 15 December 2011
Agreed with detailed explaination of Ld. Mr. Dhingra.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
