Deposition of PW before trial Judge
Om Prakash Dhusia
(Querist) 27 December 2010
This query is : Resolved
Mr.Bhagat,I have corrected myself on this issue, this was the deposition by PW under oath before trial judge.It was written by Peshkar,signed by PW and countersigned by the judge.I do not remember whether carbon-copy of it was signed with original signature of the judge separately or is the impression of original signature on that carbon copy but normally no-one signs the carbon copy because it is the copy of the original.And if someone signs on the carbon copy also, does it consider to be original?I dont think it does so?
But during our approach to trial judge's consent after bail orders from the H'ble High Court-Lucknow,he was simply blaming us for the dis-appearance of the original and declined to sign on the bail papers but when we requested him for seeking District Judge's interference then reluctantly signed on the bail papers.But he was furious and in rage & informed us that he would be conducting a departmental enquiry to find scapegoat for his in-efficiency or lapse.Any way that was not of our concern.But this indicates that he knew that he lost the ground otherwise if that document is not significantly that important, why should he bother about since he has the copy of it?But how about the accused, who are not in possession of the copy of the copy of that carbon copy?So in absence of the latter, we would be inclined to understand that the judge has convicted us without the evidence and can even claim that there was no deposition by PW as such because the other part of the deposition proves us innocent?
2)Can you sir, concur whether, still it be considered as deposition of PW for conviction of the accused in the presently decided case on 30-10-2010?
3)What these Criminal rules and Orders of the State are?State means-Uttar Pradesh or the India and from where I can get these?
4)Can you sir clarify as to what does it mean to say that,"For the instant case, it is not documentary evidence,it may be used as evidence for other case"What does this OTHER CASE you meant for?There is no other case on us.
5)The judge has already violated the law of the land, crossed his limits, shown his biased attitude, lost the valuable document,was prejudice towards accused and even blamed us for his own wrongdoings by not protecting the documents unde his custody and above all, Do Judges are not human beings, so not subjected to committing all which I have mentioned here?Even if I am proved to be wrong at later date but at present juncture what is the remedy available for me apart from going for appeal in the H'ble High Court but that is not going to come up for atleast another ten yeras or so?
6)What can be the instant remedy at present?
Ajay Bansal
(Expert) 28 December 2010
REPEATED QUAIRY MANY TIMES.
Arun Kumar Bhagat
(Expert) 04 January 2011
Your queries involve serious question of law and involves imputation against the trial judge.I shall give you you my considered opinion within two-three days due to my other pre-occupations. Till then please bear with me.
Om Prakash Dhusia
(Querist) 05 January 2011
Dear Sirs:It pains to hear that even if some of the self made experts do not present any solution to the problems which are of very grave nature,culminating in the abuse of power by the very people who are there to defend the right of each individual being citizens(i.e.Judges,Lawyers etc incommon)in a great democratic nation as India, still they resort to unwanted remarks like,"REPEATED QUAIRY MANY TIMES" and the very experts even do not know the correct word,"QUERY".I am sorry to add, no where I could see any corrective solution from Mr.Ajay Bansal wherein a grave concern is raised.The whole spirit of creating such an noble and helpful website is lost when such unwarranted remarks are passed.My query involves not a case of some individuals but requesting the learned for remedy/recourse/actions where judge's intentions are under scrutiny and appeal in the Higher court would take a decade.The very learned who decline to tender their opinion without fee, are kindly requested to please leave this column but do not stop others by such notes.Regards.
Arun Kumar Bhagat
(Expert) 06 January 2011
First of all try to be amiable and have patience. I shall be last person to hear any unsavoury comments upon any experts who render their services wholeheartedly without any expectations. Now relating to your queries. ( sometimes spelling mistakes occur due to oversight) :
1.I am an advocate practicing in West Bengal in criminal matters only. In my state depositions are recorded by Stenographers not by Peshkar. I can't say about the rules in U.P.
2. Regarding Carbon copy of deposition : If the original copy is lost but the carbon copy is available with original signature of the Judge them that can be construed as Original and an order clarifying the entire sequence of incidence has to be recorded by the learned trial judge.
3. Loss of original typed copy does not give you clean-chit.
4. You have to see Criminal Rules and orders of State of UP.
5.Evidence for other case means the certified copy of this order can be produced as evidence of previous conduct or antecedent of the accused by any person in any case as corroborative evidence.
6.Judges do not come from heaven. They are sent by us and they are human being and the human being is to err.
7. For legal relief, one has to knock the door of relief fora. So you have to again knock the door of judiciary by way of appeal or revision.
Being a law abiding citizen, I can not tell you to take law into your hands and the rests is upon you. Last word : when you have lost belief in everyone, please have faith in God. May God bless you.
Om Prakash Dhusia
(Querist) 07 January 2011
Thanks Mr.Bhagat.This query stands closed now since I have to bang my head on the wall.I have surrendered into believing that the Judge is supreme and he ought not to commit any mistake because he is god send.But to apprise you about writing depositions in, upto UP Session Courts, is carried out by Peshkar by ball pen. Peshkar's writ runs in the court, sits in the court and gives dates and calls the litigants etc and receives a complimentary bonus by the parties in cash @ Rs 20 to 50 on each date,before the very eyes of judge and sometimes lawyers present their case to him in judge's absence.He is not versed in shorthand.Ofcourse the judgment is typed by the steno and steno sits in judge's chamber.Steno nad Peshkar are two different entities.
