Mastan 10 October 2019

Police filed charge sheet and accused having evidence

In one of the case handling by me.....Police filed chargesheet in a case by ignoring accused side oral pleas to add their evidence. Now charge sheet got filed in court.

Now what is the remedy available to accused to produce his side supportive evidence (material evidence as well as witness). The accused send a petition with evidence copy to ACP but his office replied that as "accused not submitted any evidence at time of arrest or enquiry But saying he got evidence now so it is advised him to submit his evidence in court as charge sheet filed in court". So what is the remedy now

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5 Replies

Monu Subramaniam 10 October 2019

this is also same in my case what steps should be taken

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 11 October 2019

The prosecution or defense intentionally or unintentionally fails to disclose articles of evidence during a criminal trial. Which by the way, is illegal.

Mastan 11 October 2019

so what should be the action plan now rama chary sir

P. Venu (Advocate) 11 October 2019

In a criminal case it is for the prosecution to prove its case. If the evidence led by them is inchoate, the accused have the option to bring out the truth through cross examination. If need be, the accused have the option to present and prove his evidence after the case of the prosecution is closed and the accused have been examined by the Court under the provisions of 313 CrPC.

Mastan 12 October 2019

how about filing Counter case now with attaching evidence instead of waiting very very long time till the prosecuction case is closed (which may take easily 5 to 6 years).

can the counter case be filed after chargesheet filed. (though there is supreme court judgement refering counter case can be filed but need specifically can it be filed after chargesheet filed )