Providing documents during testification.
Subroto
(Querist) 18 June 2016
This query is : Resolved
Dear experts,
I have been summoned to appear as a witness before the court of Additional District & Sessions Judge regarding a case under Section 138 of the Electricity Act. I have been summoned to produce such document or thing or to testify what I know concerning the matter of the said complaint.
As I am a key witness in this case, I have a lot of documents that I need to put on record. Some of these documents are not in the charge-sheet file submitted by the police in the court.
I need to ask Can I put these documents on record while testifying as a witness and during the cross-examination as well to support my statement? For eg. While testifying, If I say that in the north of a particular house a hostel was situated and the electricity connection was installed somewhere near the hostel, not on or in the hostel; then can I provide the related documents in support of my statement in the court ?
Is it necessary that these documents should be certified copies or simple photocopies would suffice ?
[It would be really helpful if you also suggest me to read the relevant sections of the laws related to the "Witness Statement or Testification"]
Thanks.
Dr J C Vashista
(Expert) 18 June 2016
Yes, you should produce all relevant documents to prove your (electricity) case.
Certified copy have weight-age equal to original, which is being exhibited, however, photocopy shall be marked for corroborative purpose only and cannot be used to prove your version.
Devajyoti Barman
(Expert) 18 June 2016
In the examination and corss examination you are expected only those which are asked to you.Beyond that the lawyer or the court may not allow you to say unless the court finds those voluntary statments relevant in the case.
Similarly produce only those documents which are asked to you in witness box by the respective lawyers.
P. Venu
(Expert) 18 June 2016
You are only the witness; it is for the advocates concerned to lead the evidence and to introduce documents, as required, through you.
R.K Nanda
(Expert) 18 June 2016
Agree with experts.
Subroto
(Querist) 18 June 2016
Thanks for replying experts.
I am a witness in the prosecution evidence stage and from what I have observed in the court, the P.P only asks a witness who are you and what you know about the concerned matter. After that the witness tells what he knows and then the cross-examination follows by the defense counsel (sometimes the judge is not even present in the room during this).
The PP doesn't even asks the witness to produce any document in support of his statement. When I asked the PP that I have documents that I need to put on record in support of my statement and some of them are exclusive that are not even in the charge-sheet, the PP replied that for this purpose you can appoint a counsel for yourself and I have no objection. What should I do in such a scenario? If I don't get a chance to produce any document then it would definitely weaken the case.
[EXPERTS, KINDLY ADVICE ME which relevant laws related to testification/witness should I read so that I can, at least, get an idea of what I can do further.]
Dr J C Vashista
(Expert) 19 June 2016
@ Subroto,
The complainant (Electricity Department) has filed the case u/s 138 of Indian Electricity Act, where you are a key witness as you have stated in the query.
1. What is your authority/status (GM/DGM/EE/AE/JE)in electricity department qua the complaint, which you are a prosecution witness and want to prove something in your testimony?
2. What type of documents you are holding which have not been produced by prosecution before filing charge-sheet in the case?
3. Did you discuss about the documents, which did not form part of investigation, left over to annexed with charge-sheet with Investigating agency/officer/ electricity department and the Standing Counsel for the department, whereas, now you find them vital to produce/exhibit so that prosecution can succeed?
If so, what was their opinion for non-annexing these documents during investigation and before filing charge-sheet?
If no, why do you want to produce?
5. If you feel so strong to produce/prove any such document as stated by you in this post, move an application, seek permission of the court to file additional document(s) and engage another lawyer(private/standing counsel).
Best wishes
Subroto
(Querist) 19 June 2016
Thanks for replying Vashista ji.
1. The accused (a JE himself) has illegally shifted his electricity meter from his property to the outer wall of one of my property which is only 20 feet away from his property and then he immediately filed a case in the civil court to prove his possession over my property. Then I filed a complaint to the AE/SDO of electricity department, after which an enquiry was conducted and an FIR was lodged against the accused u/s 138 of the EA on the AE/SDO's complaint to the police. So, basically I am a complainant to SDO.
2. During the investigation, the police came to me and my statement regarding the concerned matter was written u/s 161 of Cr.P.C but no documents were taken from me which were quite beneficial to the case to prove the illegal shifting of the meter. They are not there in the charge-sheet filed. Also, in the charge-sheet it is not mentioned how some of the documents filed by the police proves the illegal shifting of meter. That's why I felt a need to produce documents such as "registered sale deed of the adjacent neighbour, statements of the accused in the already decided court cases which are contrary to his version, address of the house written in the meter change order of the accused's electricity connection & the demarcation of this house address by the Municipal Committe, house-tax receipts, etc." and tell/explain to the Honb'l Court how these documents proves the illegal shifting.
3 & 4. I discussed this with the Public Prosecutor and he replied that the police might have limited their investigation to the documents pertaining only to the public authorities like electricity department and local bodies. I further told him that I have some documents that are vital to the case and there are some later developments (documents which I collected through RTIs) also after the filing of the charge-sheet, to which he replied and suggested me to appoint a counsel for myself. When I asked him can a witness do so, he replied, "Yes, you can, and I have no objection".
5. Sir, it is true I strongly feel to produce such documents before the court as I think and have an apprehension that the case is being deliberately weakened because the accused himself is a Junior Engineer in the electricity department and he might influence other electricity department officials who are also the witnesses in the case.
Thanks again Sir and sorry for my such a long post.
Subroto
(Querist) 24 June 2016
Sir, any suggestions regarding my last post!
Subroto
(Querist) 25 June 2016
Sir, please give any further suggestions regarding my last post. These suggestions will be useful to discuss with my lawyer.
Subroto
(Querist) 27 June 2016
Experts, please give some final advice!
Subroto
(Querist) 29 June 2016
Sir, kindly shed some more light onto this matter.
Subroto
(Querist) 01 July 2016
Experts, please help!
Siddharth Dev
(Expert) 01 July 2016
Agreed with expert.
Thank You;
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