praashok@gmail.com (praashok@gmail.com) 26 April 2011

Late production of evidence-suspicious

I should very much welcome some guidance.A client of mine was charged under Sections 471,420 and 511.He procured bail from the high court.3 years later teh police filed a charge sheet.but surprisingly it had a forensic report which said that my client's handwriting did not tally!We applied for a discharge.loand behold just as teh judge was about to proniunce,the police came up with anotehr forensic report while not denying teh first one!It said that the handwriting of my clinet tallied with teh one on teh offensice document.

I an advised that there was a recent Supreme Court judgemnet which stated that late production of evidence shoudl be regarded as suspicious and disregarded.Cannot find it!Can someone help!

Reply Follow

2 Replies

Ravikant Soni (LAWYER IN JAIPUR) 27 April 2011

AIR 2002 SUPREME COURT 3206 "Ashish Batham v. State of M.P."

(D) Evidence Act (1 of 1872), S.27 - EVIDENCE - Disclosure leading to recovery - Reliability - Blood stained clothes and knife alleged to be recovered on disclosure by accused - Recovery however delayed and made after the second remand of accused appellant - Cast serious doubts about the said circumstances itself to be true or accept to have been proved.

praashok@gmail.com (praashok@gmail.com) 28 April 2011

Many thanks Soniji!Ashish Batham indeed is a landmark judgement and it is indeed very helpful!My colleague also state that there was another judgement which specifically stated that late presentation of evidence is to be necessarily regaded as suspicious.I tried searching it but could not.Do you have any idea?Thanks