Querist :
Anonymous
(Querist) 04 November 2011
This query is : Resolved
Sir, my mobile phone is seized along with sim card as witness in a criminal case. later when i kept letter to police people to give me my mobile phone they gave it back but kept sim card with them only as proof.
But in charge sheet filed by police it is mentioned that a Cell Phone with out sim card is seized as witness(quite opposite). Now my opponents lawyer is arguing that sim card seized by police should not be used in court as witness.
1)Who is correct now ? 2)Will Judge has to go by charge sheet only ? 3)is judge not having any special powers to take his own decision ? 4)how to counter opponent lawyers argument that case should go only by charge sheet. 5)If judge takes his personal decision and accepts sim card as a witness , does my opponents have any right to complain against the judge also for not following chargesheet strictly ?
Ans : Advocate of the accused. 2)Will Judge has to go by charge sheet only ?
Ans: Yes, other evidence shall be treated as afterthought.
3)is judge not having any special powers to take his own decision ?
Ans: In criminal procedure code, a judge is not vested with special power.
4)how to counter opponent lawyers argument that case should go only by charge sheet.
Ans: Say it was a typographical mistake.
5)If judge takes his personal decision and accepts sim card as a witness , does my opponents have any right to complain against the judge also for not following chargesheet strictly ?
Ans : A Judge enjoys immunity from prosecution but complaint can be lodged against him.
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