Rules of Evidence-Criminal Trial
1. In a Criminal Trial during the Cross Examination, the complainant on being shown the correspondence initiated by him, (which could provide valuable clues about the innocence of the accused) says he is not able to recall the writing of the said letters.
(a) What is the remedy?
(b) What is the implication of not providing the answer by the complainant?
2. The lawyer of the accused shows photocopies of the letters to the complainant and asks him whether such letters were written by him. On saying YES, the lawyer of the accused marks that photocopy as Exhibit in his defense. The original is in the custody of the accused.
(a) What is the validity of making Photocopies as Exhibit? Will such exhibits be read ultimately?
(b) Does the law allow marking of Photocopies as exhibits.
3. There are 2 complaints under 138 NIA, against the same accused, by the same complainant, in the same matter and the facts are exactly the same, the progress of the case is parallel. The only exception is that the cheques are of different dates. On the day of the Cross Examination of the complainant, the trial magistrate orders that the CE be read into the other also. But the accused lawyers objects and insists for another Cross Examination in the second case
(a) What does the law say on this?
4.The accused in 138 NIA are 2 partners. The case is slated for the Cross Examination of the Complainant. The lawyer of one of the accused says he is ready to Cross Examine but the lawyer of the other accused says he will examine on the next date. The complainant request the court to direct both the accused to Cross Examine on the same day otherwise it would be to the prejudice of the complainant as the Cross Examination of one of the partners would be available to the other and this would be an unfair advantage to the accused
(a) What is the legal position in this respect
