Evidence not marked/exhibited in 498a case can be used for criminal defamation
Gagan Souri
(Querist) 04 December 2016
This query is : Resolved
Hello LCI,
Brief:
PW1, PW2, PW3 – Complainant/Father/Mother gave their version in Chief, then defence counsel cross examined.
Remaining Witness 3,4,5,6 & 7 all are absent.
Other Witness8 is SI and is IO for part. And the last witness9 is CI and is IO for the overall case. The witness8 & 9 failed to give their version in chief when countered by my defence counsel
It is almost favour case for defence (accused victim no.1 in this 498a case)
No question of defence evidence rose as such there is no successful by prosecution witness
This evidence may be very much helpful in defence evidence if prosecution witness were successful.
Query:
Evidence not marked/exhibited in 498a case can be used for criminal defamation
Thanks
Devajyoti Barman
(Expert) 05 December 2016
It can be used but will not be cosndiered as long as the same is not formally proved on the trial.
Rajendra K Goyal
(Expert) 05 December 2016
Agree with the expert Devajyoti Barman.
Guest
(Expert) 05 December 2016
Please be clear, what exactly do you mean by the statement, "Evidence not marked/exhibited"?
Also, evidence of which of the witnesses has not been marked/exhibited in 498a case?
Gagan Souri
(Querist) 05 December 2016
@DHINGRA to his 2 questions
Sir,
I mean no defence evidence adduced as all the witness are absent.
@ Devajyoti Barman
Sir,
According to your answer for my query, do you mean that:
defence evidence should be adduced by the accused in TRIAL or else that material(documentary) evidence will not be help for defamation
Guest
(Expert) 05 December 2016
Dear Gagan Souri,
It is not advisable to jump to the conclusion, unless the absent witnesses are dropped with the permission of the court or the court asks the concerned parties to conclude by submission of their final pleadings.
Dr J C Vashista
(Expert) 06 December 2016
Wait for the judgment, seek guidance from some local senior lawyer, probably your case for defamation (as explained by you in present case)shall fall flat, may not be maintainable in terms of exemptions given in Section 499 IPC.
Rajendra K Goyal
(Expert) 06 December 2016
Show all documents to local lawyer for more appropriate advice.
dev kapoor
(Expert) 06 December 2016
What can be understood from your narration that a cr.case u/s.498a is pending trial & prosecution evidence is being recorded.(There may be some documents which are not not marjed/exhibited)You have questioned what is the evidentiary value of such documents/their value in a suit for defamation?
For a document to be used as a piece of evidece it must be proved in a court by the author/arresting witnesses or those who saw author write and/or they are sufficiently acquintted with scribe's handwriting or proved by some expert etc etc.Documents are marked by court asb1,2,3,4.....for convenience to refer in the judgment at the time of appreciation.
In failure of of case one may file a suit for : malicious prosecution".The court seized of the matter can itself direct lodging of FOR if it gives findings at the time of final judgment that case is false.If court does not file FIR accused may prosecute the person laying false accusation against him.But in that case there must be tangible evidence therefor.
No such criminal complaint lies until court findings are that.
dev kapoor
(Expert) 06 December 2016
What can be understood from your narration that a cr.case u/s.498a is pending trial & prosecution evidence is being recorded.(There may be some documents which are not not marjed/exhibited)You have questioned what is the evidentiary value of such documents/their value in a suit for defamation?
For a document to be used as a piece of evidece it must be proved in a court by the author/arresting witnesses or those who saw author write and/or they are sufficiently acquintted with scribe's handwriting or proved by some expert etc etc.Documents are marked by court asb1,2,3,4.....for convenience to refer in the judgment at the time of appreciation.
In failure of of case one may file a suit for : malicious prosecution".The court seized of the matter can itself direct lodging of FOR if it gives findings at the time of final judgment that case is false.If court does not file FIR accused may prosecute the person laying false accusation against him.But in that case there must be tangible evidence therefor.
No such criminal complaint lies until court findings are that.
