Belated defense
Ranganath
(Querist) 28 November 2013
This query is : Resolved
Ld Counsels,
Prosecution alleged that accused forged certain documents but did not mark those documents during trial. At the fag end of the trial recall petition of prosecution was allowed for marking the disputed document.
While marking the said document can the accused put questions which were not originally put such as suggesting that the said document was infact forged by the witness by taking signatures in blank paper. such question was not put in the earlier cross examination to the same witness. Will such a defense become belated defense of accused.
thanks.
Devajyoti Barman
(Expert) 28 November 2013
Yes, defence can pit questions. In any case defence should raise objection of marking of documents at this stage as this required formal proof one again.
T. Kalaiselvan, Advocate
(Expert) 28 November 2013
Defense lawyer can object to marking of the disputed documents stating that the prosecution is trying to fill up the lacuna by such act. The defense will be allowed to cross examine the witness marking the document and establish the false nature of the document. there is nothing like belated defense.
Dr J C Vashista
(Expert) 29 November 2013
Of course the defense lawyer is entitled and duty bound to raise objections for marking disputed documents and ask relevant questions with the sole aim to destroy their (prosecution)case
Ranganath
(Querist) 30 November 2013
Thanks to all Ld Counsels for the kind reply. But is it also advisable to challenge the order passed for recalling the PWs at the fag end of the trial.
Thanks in advance,
ajay sethi
(Expert) 01 December 2013
agree with experts
