Query regarding charge sheet

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 ?

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Shonee Kapoor (Expert) 04 November 2011
This might be error on the part of I/O, the benefit would go to accused.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

prabhakar singh (Expert) 05 November 2011
okay as you are replied but i remeber its repeated query.

Guest (Expert) 05 November 2011
manifest error in charge sheet benefit to accused.

Querist : Anonymous (Querist) 05 November 2011
Dear sir,

thanks for replying on this.

Can any one answer me on all the 5 questions i asked for point by point ?

Arun Kumar Bhagat (Expert) 06 November 2011
1)Who is correct now ?

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.

THESE ARE THE POINT BY POINT ANSWERS AS DESIRED.

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