Adding evidences in trial
Sonia Prabhu
(Querist) 09 August 2013
This query is : Resolved
Dear Experts ,
In my WP High Court prefered directing me to Trial Court to deport my evidence rather than transfer the investigation to CBI.
Facts are:
The charge sheet has been filed.
We have always shown to the High Court that the investigation is not complete.
The charge sheet is kept open u/s 173(8)
My Query :
Under such a situation where there are more evidence too be added and these evidence will prove that it is an Organized Crime and many more charges will be added and additional accused ( specially police) will be added then in such a situation :
1) Can I add evidence before going to deposition.
2)With such an incomplete investigation will I be forced to conduct the trial and give witness...
3) Will sec 319 and 216 be really useful.
Please help my intention is to added these valuable evidences in trial court to convict the accused... for justice to victims.
Devajyoti Barman
(Expert) 09 August 2013
1. Yes
2.Yes
3. Surely
Focus on the proper testimony of CS witness.
Sonia Prabhu
(Querist) 09 August 2013
In addition to the above query I would like to have your advise should I appeal against the HC order or give it a try to add the evidence through the trial court.
The accused are very big people and influential including some police officers,
Sonia Prabhu
(Querist) 09 August 2013
Dear Mr Barman then is'nt there any way I can insist on adding the evidence first and then going for witness because such an incomplete investigation has no meaning at all.
Raj Kumar Makkad
(Expert) 09 August 2013
If you are an accused then charge-sheet has already been filed and thus there cannot be any addition thereto if the re-investigation under section 173 (8) is not conducted so you need not worry.
Raj Kumar Makkad
(Expert) 09 August 2013
You being accused shall also get an opportunity to lead your evidence but it is not always advised to lead evidence. Better to trust upon your lawyer.
Sonia Prabhu
(Querist) 09 August 2013
Sorry forgot to add I am for the first informant .. the victim
Raj Kumar Makkad
(Expert) 13 August 2013
If you are victim then can move an application under section 173 (8) of you think that the investigation has not been made properly and many lapses have been ade by IO.
