Querist :
Anonymous
(Querist) 07 May 2022
This query is : Resolved
My brother was hit and run by a car and later I filed a complaint in PS. Police registered a case and the driver is set free by station bail. Police took the statements of me, my brother and eye witness during investigation and chargesheet is filed in court. After 1 year, I got notified to attend the court in next date for witness statement.
I got to know that the chargesheet is not having CCTV footage as evidence which is the primary proof.
As a witness and complainant, 1. Can I submit the CCTV footage by myself in the court during witness examination ? 2. There are discrepancies in the chargesheet which deviates from actual facts, How can I prove them ? 3. If I submit the CCTV footage or photos of the crime, does court accept it as evidence? 4. what is the process I need to follow if I need to submit the CCTV footage and photos as evidence in court.
kavksatyanarayana
(Expert) 07 May 2022
You can submit your proofs and witness if any. Ask your own counsel.
Dr J C Vashista
(Expert) 08 May 2022
All relevant information should be submitted.
Advocate Bhartesh goyal
(Expert) 08 May 2022
Although it was duty of prosecution to submit all the relevant and essential proofs/evidence with chargesheet but if due to any reason could not submitted by prosecution you being witness can submit relevant and essential evidence during the course of examinaion.
Pradipta Nath
(Expert) 08 May 2022
In any criminal case mens rea is an initial requirement to convict a person. I don't think either your brother or the driver knows each other and therefore there was any reason to drive the vehicle on your brother. This is simply an accident, and the police should have done investigation against your brother also to see that whether your brother has acted negligently or not. In case you are sufferer, you can go with the third party insurance, else it is time wastes and in most of the cases driver did not get convicted. The driver is set on bail therefore it is presumed that all the sections are levied are bailable sections. So please concentrate on getting claim under third party insurance.
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