Fabricated documents
a k pandey
(Querist) 07 February 2012
This query is : Resolved
I fave filled divorce under sec. 13(1a)(ii),hma. she has submitted photocopy of few forged documents which can be easily proved, original documents has not been submitted yet, it has to be submitted during "GAWAHI". Wether i have to wait till her gawahi starts or i can demand under any provision to produce original documents and when should i apply court to take cognigance of fabricated documents under sec.196, 199 IPC?
Devajyoti Barman
(Expert) 07 February 2012
Unless the documents are sought to be exhibited you can not challenge its authenticity.
Only after exhibit you can pray for proof of its authenticity through expert.
V R SHROFF
(Expert) 07 February 2012
Acid Test:
Demand certified true copy of these Documents from Court.
If court gives you copy, it's are Exhibited.
Otherwise wait till a Witness produce it, and if you know, its are fabricated, you do not admit it.
Then you ask examination of these Document by EXPERT' OPINION, get report.
After Cross examination of Expert, it is proved that these are forged and fabricated Documents used in court to prove against you, so try Forgery.
Kirti Kar Tripathi
(Expert) 07 February 2012
Photo copy of a document is not admissible unless it is proved by its original.Without original is can not be marked as exhibit. If original are not produced by the party other party is not required to rebut it and court will not rely on it. So you need not worry. However, if original are produced, you have to rebut the same by cogent evidences.
Deepak Nair
(Expert) 08 February 2012
Photocopy if document is not considered as evidence by the court. The photo copy needs to be verified with original.
You can disprove the documents at the time of cross examination also.
