ashok kumar (Social Worker) 03 January 2015

Filing of addl docs by complainant nia

Filing of Addl Docs by Complainant NIA

In the examination u/s 313, the accused has made certain patently False Statements.

Can the complainant file addl documents at this stage to contradict the accused plea?

During the Cross Examination of the complainant by the lawyers of the accused, the accused files certain document which are in fact aimed at defence of the accused. It is necessary for the complainant to cross examine the accused on such documents.

Can the Complainant file addl documents to contradict such documents?

Can the complainant pray to the Court to direct the accused to be cross examined on all such documents?

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4 Replies

adv.raghavan (Advocate,9444674980) 04 January 2015

Yes, he can file petition under 311 crpc but purely discretion of the magistrate concerned,

Re examination of witness- object- purpose is only to get the clarification of some doubt created in cross examination- one can not supplement the in chief by way of reexamination and for the first time, start introducing totally new facts which have no concern with cross examination- SC-NCC-2009-897.

T. Kalaiselvan, Advocate (Advocate) 06 January 2015

Though the lawyer has produced certain documents during cross examination of the complainant, whether they were marked as exhibits?if so through whom? If the court has allowed the accused to mark them as his side exhibits, the opposite party, i.e., the complainant has every right to cross examine the accused based on those documents produced. The complainant may not be allowed to produce the incriminating documents countering documents of accused just to fill up the lacuna.

Chethana (Accountant) 11 January 2015

In one case, documents got marked by Accused during cross-examination of complainant and complainant accepted those documents belongs to him and executed by him. Now complainant advocate says during cross of accused he could exhibit further documents {given by accused to complainant before case initiated} by asking relevant questions. During cross of complainant, admitted that he shall produce additional documents. I'm not sure if this is possible? what if court does not allow complainant to mark/produce further documents during cross of accused/afterwards which are very crucial to the case decision? What if accused not ready for cross and stands by his 313 statement and documents already marked by him? Any suggestion? Thanks..