praashok@gmail.com (praashok@gmail.com) 26 April 2011
My client was charged under 468,and 420.The charge sheet had a forensic repoert thats tated his handwriting did not match.We filed for discharge.2 years later just before the judge was to rule,police produced anotehr forensic repoert form nowhere which contradictes their own report which was never ementioend earlier.Clearlyit is fabricated.Is there any judgement which states that late production of evidence in a trial shoudl be deemed suspicious?
Arvind Singh Chauhan (advocate) 26 April 2011
You didn't disclose at what stage the prosecution is submitting the second report. ? You may request to court for the verification of such report, otherwise this condradiction is itself benificial to you.
Prakash Sheth (Proprietor) 27 April 2011
I do not think late production of evidence will make any difference to either the prosecution or the defence
when the trials themselves are not completed in time and are dragged for years.The judges will have to
admit late evidences,whatever value it commands.
Om Prakash Dhusia (HR assistant) 01 May 2011
Evidence, true, false or belated have to go through the scrutiny of court and if proved to be true by the prosecution but not proved adverse by the defence then it is an Admiitable evidence.It is the prime duty of Defence to contradict its veracity with all its might.
Kindly do not imagine any evidence to be fabrication because it is you who has to prove it to be fabricated.
Indian courts are over-burdened, so cases prolong infinitely, how can it be construed as Late Production of evidence wherein the trials itself are conducted after decade.
Regards.
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