Deposition in civil suit admissable as evidence in criminal proceedings or not?

Querist : Anonymous (Querist) 15 October 2011 This query is : Resolved
Respected Sirs,

My son was assaulted and a criminal case of IPC 324 was registered against the accused.

Now the case has come up for producing material evidence and other witnesses if any into the court in the month of Nov' 2011 in relation to the criminal case.

My doubt is:

1. I have taken pictures while the assault took place - Can I produce the pictures as evidence?

2. In another civil case the father of the accused has deposed in his cross examination that it was true that his son had assaulted my son. - Can certified copies of this deposition be produced as evidence in this particular criminal case.

Pl clarify and advice me how to produce in the criminal case.

Thanks Sirs.

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Raj Kumar Makkad (Expert) 15 October 2011
1. As this is a State case, you cannot produce any material other than already brought on file by IO under section 173 Cr. PC.

2. My reply is same in this matter also.

If you feel that IO has not investigated the matter properly then you can file a separate criminal complaint wherein all such evidence can be brought by you before trial court.

Shonee Kapoor (Expert) 15 October 2011
No.

Regards,

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

Arun Kumar Bhagat (Expert) 16 October 2011
My answer is yes. During your examination in chief you can produce photographs alongwith negative. You can also file certified copy of his father's deposition.

kuldeep kumar (Expert) 16 October 2011
here i find merit in mr makkads claim.how can we say earlier proceeding were same before we give benifit to her in criminal case.i think both parties are same but to invoke benifit proceeding are required to be same.word used in section 33 evidence is same judicial proceeding.pls give me any reason to differ my senior mr bhagat.i m awaiting ur reply in the middle of my study.

Arun Kumar Bhagat (Expert) 16 October 2011
Kuldeep,
probably you over looked the word "subsequent judicial proceeding", "parties or their representatives having interest" etc.used in section 33. Section 57 & 58 will also be applicable here. These are the facts connected with the issue.

kuldeep kumar (Expert) 16 October 2011
sec 57 is not applicable i think .i was wrong in interpreting sec 58 to apply in civil cases specially.so now i can say ur opinion is right.issue is same in both proceeding namely assaulting.thanks grt

Guest (Expert) 16 October 2011
you can file it under 156(3) Cr.P.C. to the magistrate to invoke the further investigation under 167 and 173. There is no bar to further investigation or to produce the document in later. make an application to the S.P. in this matter.

prabhakar singh (Expert) 16 October 2011
Mr. Arun Kumar Bhagat has rightly opined.On careful examination of section 33 of Evidence Act,one may find it applicable in the instant case.The suggestion of Expert S.GANESAN.is also useful and more over the Investing agency on its own,only after informing the magistrate,can proceed for further investigation for which it does not require any order from the magistrate as it is a vested power with investigator under Cr.P.C even if the trial has begun.

Raj Kumar Makkad (Expert) 16 October 2011
Prabhakar singh ji! Please go through section 173 (8) Cr. pC before coming to a conclusion.

Devajyoti Barman (Expert) 20 October 2011
Yes I fully endorse the views of Mr Bhagat.

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