Police producing very late evidence 3 years after chargesheet when discharge was being ruled upon!
Querist :
Anonymous
(Querist) 05 May 2011
This query is : Resolved
A client of mine had a false case filed against him.He was initially denied bail by the lower court but the High Court severely reprimanded the magistrate and granted him bail.They soon filed a charge sheet which interstingly contained a forensic report indicating that his signatures did not match with those on the offending document-he was charged under 420,468,471 and 511.We filed for a discharge but the police from nowhere produced another forensic report which stated the exact opposite-that his signatures tallied.No one knew of this report before and it was produced only at the time of discharge application-clearly fabricated.I am advised that the Supreme Court had ruled recently that evidence produced suspiciously late should be disregarded.Can anyone help me with the citation?
PALNITKAR V.V.
(Expert) 06 May 2011
Reliability of the evidence can not be tested before the hearing of the case begins. Though the document may be suspicious, the court can not discard it so lightly at the stage of discharge application.
Querist :
Anonymous
(Querist) 06 May 2011
Thank you for your response.But I am lead to believe that the Supreme Court has in the last 5 years ruled specifically on this issue.A very senior colleague advises me that around 5 years ago it ruled that such late presentation should be regarded as suspicious and inadmissible.Maybe it was not reported as I cannot find it but is there a colleague who can assist with the citation?
