Additional evidence or proofs during trial
M Satyanarayana
(Querist) 05 November 2013
This query is : Resolved
Sir,
I am victim in attempt to murder case booked under Section 307 Cr.P.C. I was asked by the Session judge "Whether I have filed any documentary evidence in the case ? I gave answer in negative. The Public Prosecutor in the case have remained neutral.
Do victims in the criminal case have right to lead the evidence (when Public Prosecutor is present) and also to file evidence under Criminal Procedure Code in support of his claim to prove attempt to murder over and above the evidence collected by I.O.during investigation in the case.
Please kindly reply.
Thanking you,
MSN
Devajyoti Barman
(Expert) 05 November 2013
Yes, accused persons do have right to lead evidence which is however avoided as onus of crime solely lies on prosecution which is very heavy.
Devajyoti Barman
(Expert) 05 November 2013
Yes, accused persons do have right to lead evidence which is however avoided as onus of crime solely lies on prosecution which is very heavy.
Rajendra K Goyal
(Expert) 05 November 2013
Agree with the expert Devajyoti Barman ji.
Raj Kumar Makkad
(Expert) 06 November 2013
As your matter is State case so public prosecutor is the master of your case and he has to decide which evidence to prove as produced by IO under section 173 criminal procedure code. Complainant has only to depose his evidence on the basis of his statement recorded under section 161 of criminal procedure code so better to confine on that statement and complaint.
If PP is not cooperating, engage a private lawyer so that he may persue your case to its logical end.
P. Venu
(Expert) 06 November 2013
It appears, from the narration, that the query is not from an accused but from the person who was allegedly attempted to be murdered and has appeared as a witness during the trial.
He can conduct the prosecution, with the due permission of the Court, in terms of Section 302 of the CrPC.
M Satyanarayana
(Querist) 06 November 2013
I Thank all experts for their reply. I think there is a ray of hope for those ill fated people who are ignorant about law. Keep it up.
MSN
V R SHROFF
(Expert) 06 November 2013
NO MORE TO ADD
