Doubt regarding charge sheet

Querist : Anonymous (Querist) 29 September 2011 This query is : Resolved
Hi All Experts,

I have a doubt regarding content of chargesheet. In a case,

In charge sheet it is clearly mentioned that police seized one black color china model mobile phone WITH OUT SIM CARD.This phone belongs to the person who filed the case and charge sheet is filed 2 years back.

Now the trials started. Judged asked to show the items seized. And judge found that there is no cell phone available in the seized items but only one SIM card is available.

now the person who filed the case is saying before the judge that , His SIM card is seized but not his mobile phone.

which one will judge go with ? will go with the content mentioned in the chargesheet or will he go with the items before his eyes.

can the opponent lawyer convince judge to go with only content which is mentioned in the chargesheet.

can some one clarify me all the points clearly.

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Shonee Kapoor (Expert) 29 September 2011
Contents of the chargesheet, if not matching with seizure items would benefit accused only.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

surendrababu (Expert) 29 September 2011
FIRST: verify whether any SEIZER MAHAZAR was drafted at the time of recovery of property and the same was attested by the witness and submitted to Court.

SECOND: Whether the Seized Property was produced before the court along with Property Form in which the details were written.

THIRD: If both the above documents were not filed before the court, Court must verify how the properties shown before the court were brought before the court.

THE ANSWER DEPENDS ON ABOVE THREE POINTS

Shastri J.K. (Expert) 29 September 2011
I agree with Experts.

prabhakar singh (Expert) 29 September 2011
A great cloud is caste upon prosecution story
leading to anticipated acquittal on ground of benefit of doubt but it should not be undertaken as granted since entire case is not before us.

surendrababu (Expert) 29 September 2011
Dear Prabhakar singhji, please read out my reply and I fell without my two points this question may not be answered. thank you.

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