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(Guest)

What is the logic of this Procedure

During the examination in chief of a prosecution witness he identified a xerox copy and deposed that it is a fax which was received by the accused.  Since if was a xerox the Court marked it as "X" for the purpose of identification.

During cross examination when the prosecution witness was asked how do you say that the fax was received by the accused.  He answered since it was addressed to the accused he had presumed that it was received by the accused.  Thereafter the court marked it as an exhibit on the ground that the accused referred to the xerox in cross examination.

My question is what is the logic of this procedure? First when it was referred to by prosecution it was marked as X for purpose of identification since the same was xerox and thereafter when the accused cross examined the xerox it is marked as exhibit.



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 3 Replies

Bidhan Dave (Advocate)     07 May 2010

Any document must be proved to be exhibited. Photocopies are secondary evidence & is not exhibited. Therefore the court was right in marking it as  "X" to safeguard the interest of the opposite side. If the other side relies on the marked documents & refer the content of un-exhibited document to the witness, then the other side had waived his right of proof of document & the document will be exhibited without formal proof. Hence you must not ask any question regarding the marked documents, as the said document is to be discarded if not proved.

2 Like

(Guest)

I understand that. But question is, merely because the other side had cross examined the witness with regard to the statement of the prosecution witness that the fax was received by the accused,  a copy of which is produced at trial, how can one drawn an inference that the other side has waived his right to proof of the document and thereby marking it as an exhibit.  Please note that the witness was not cross examined with regard to the secondary evidence.  The witness was cross examined with regard to his statement that the original was received by the accused.

Daksh (Student)     29 May 2010

Hi All,

I concur with Mr.Anil Kumar Menon.

Best Regards

Daksh


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