Anu (Law Officer) 09 October 2012

Defence written statement

Hi,

I got a case recently from accused side , case is at the stage of some doments to be submitted from accused side otherwise ready for final argument. I find some documents and some law points were not tendered in court by earlier defence . if i submit this all and request to court to take all n record , my win is sure . Now what way is left with me to do that ., like written statement in probable defence u/s 243(2) . or suggest me other way.

Thanks.

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3 Replies

Arvind Singh Chauhan (advocate) 09 October 2012

If accused have choosed to submit his defence in statement of 313 Cr.P.C.

He can file witness list of his witnesses.

He can file an application for the permitting him, to be a witness under Sec 315.

Then he can put all these documents before court and may proove them.

If accused require to call any other witness to prove these document you can mention name of that witness in witness list and can pray to court to summon him in court.

I Think 243(2) is not applicable here.

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com) 09 October 2012

While ARVIND has given you the proper course for submission of documents.

But never do the mistake of calling the accused as witness , it will be sure HARAKARI.

YOU MAY PROVE ONE OR TWO POINTS BUT OTHER SIDE HAS RIGHT TO CROSS THE ACCUSED AND IN CROSS ANY ADVOCATE WORTH WILL GET ALL THE ADMISSIONS FROM THE ACCUSED DIRECT OR DEEMED AND YOUR CASE IS GONE.