Evidence act

venkatesh Rao (Querist) 25 July 2014 This query is : Resolved
Learned experts,
My friends has been roped in 498A, 307 etc., and during examination in chief of the complainant wife, she took out some photos from her bag and produced, weeping aloud. The photos show some bruised wounds on her thigh etc. My friend's counsel resisted belated production; and now the cross is deferred for filing objection to application filed by the prosecution u/s 231 cr.p.c. for production of photos now.

Can you pl. guide me and citations if any will be gratefully acnowledged.

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P. Venu (Expert) 26 July 2014
Has she produced any medical documents in support of the alleged injury?

Devajyoti Barman (Expert) 26 July 2014
Photos are secondary evidence and it can not be admissible in evidence unless formally proved.

ajay sethi (Expert) 26 July 2014
we dont provide citations . who has taken the photographs . the photographer has to be examined then only document would be admitted in evidence

Rajendra K Goyal (Expert) 26 July 2014
Citation not provided in this section.

T. Kalaiselvan, Advocate (Expert) 27 July 2014
The veracity of the photograph has to be established by her including the examination of the photographer, without which the evidence of photograph cannot be admitted moreover you have to, during cross examination, shoot out the question about medical treatment subsequent to the bruise or any other injuries, this will trap her.

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