Loss of evidence
Hirendra Pandey
(Querist) 19 September 2011
This query is : Resolved
Even though the chargesheet in a criminal case is filed within the limitation period, when the accuse has been granted bail, can the accuse apply for quashing of charge-sheet for the reason that vital evidence in his defense has been lost in the process much before the charge-sheet has been filed?
Will it amount to denial of natural justice to the accuse person?
Shonee Kapoor
(Expert) 19 September 2011
No, not on this ground.
How can accuse file for some loss of evidence? It is the case of prosecution and they need to prove it. The accuse need not say anything in the criminal trial.
If loss of evidence of accused be given as a reason to get quashed, in every criminal trial people would run to HC saying, that evidence of my innocence is lost, hence please acquit me.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
PS: What was the nature of the evidence, can it be proved by some other way.
Shastri J.K.
(Expert) 19 September 2011
Yes you can go for quashing.But for ground contact with your advocate.
Guest
(Expert) 19 September 2011
I endorse the views of Expert Shonee.
prabhakar singh
(Expert) 19 September 2011
I also agree with the views of Expert Shonee
Kapoor.
Hirendra Pandey
(Querist) 19 September 2011
Agreed expert Shonee, that every accuse will run to the court saying that evidence of his/ her innocence is lost. But the matter is a bit more tricky and I will like to consult u in person because i cant leave the details on the web site. Thanks to all of u for ur kind opinions.
Hirendra Pandey
(Querist) 19 September 2011
I would also like to thank experts Shri Sanjay Gupta and Shastri J K for their valued opinions. But, the complexity of the case is not enabling me to post the entire details here. Can I contact any of u in person?
