Dear lawyers,
I have a question about a evidence method procedure in a criminal misconduct case when is pending in trial court
The charge sheet has been filed, and it has one email given as print out copy. The case stage is in "Framing of Charge" . this email is not obtained correctly, and taken completely out of context. And also, letter under 65B of evidence is not given for the emails.
Recently I come across this judgement was given by Apex Court:
The objection with regard to mode or method of proof has to be raised at the time of marking the document as exhibit, and not later. Whereas, the issue of admissibility of a document which is inherently inadmissible, for instance, statements under Section 161 Code of Criminal Procedure 1973 (CrPC,) can be taken up at an appellate stage as well, as such an issue strikes at the foundation of the document. The mode or method of proof is procedural in nature, and if such objection is not taken at trial, it cannot taken at the appellate stage.
https://www.livelaw.in/electronic-records-admitted-by-trial-court-without-objection-cant-be-challenged-at-appellate-stages-if-the-objection-relates-to-mode-of-proof-sc/
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Now in the case I am asking about, the email has to be obejcted for several reasons, but I want to know which stage is the right stage for obejcting.
Since it is included in the charge sheet, has it already become exhibit ?
If so, then as per the apex court order, is the "time of marking of document as exhibit" already passed and obejction cannot be made?
Or will exhibits be marked after framing of charge only?
This step to object is crucial for the case as email is made to look mischievious but only one email from several correspendence is provided and taken completely out of context
Pls give me clarity of the same, thanking all very much.
