after closure of Evidence can I file petition to object admissiblity of records?

Advocate Vasundhara (Querist) 16 July 2011 This query is : Resolved
In a criminal case of my client, the magistrate closed the evidence. Now the trial is set for argument stage. Now I feel that one of the records exhibited by IO and marked by court is not valid.

Now, at this stage, can I file a petition under Indian Evidence Act, objecting to admitting that record as evidence and questioining the admissiblity of that record?

Please help sir, today I have to file the petition?

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Ravikant Soni (Expert) 16 July 2011
Yes you can'''''

A document before being a proof would have to pass through four steps...

First.. Production of document.

Second.. Adjudication abt it's admissibility,it is decided during exhibition.

Third.. Proving of such document by it's author or by other person who is familiar to writing/signature of such author. It may be proved by witness to the document or by expert. The court may itself take a notice of writing under section 73 of evidence act.

And fourth.. If such document not rebutted by opposite party. If execution of document admitted by him then it become at par with 'proved'.

So mere marking exhibit a document does not dispense with it's proof.

Therefore I suggest you to strongly expose such circumstances which diminish the credibility of such documents.

valentine thakkar (Expert) 18 July 2011
Dear Avinash

I thinks here the adv. asks whether he can dispute the document when the evidence stage is closed.

When exhibit number is given, can any document be disputed? And if so, does that document has invalid exh. No.?

If the other side does not raise any dispute as to the document, will it pass as proved?

Advocate Vasundhara (Querist) 20 July 2011
yes mr. thakkar

DEFENSE ADVOCATE.-firmaction@g (Expert) 20 July 2011
Details given by Adv Soni are applicable for civil proceedings only.

In criminal case once documents are submitted and you have objected or did not contradict in cross your options are over.

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