Filing defence evidence - private expert opnion
Upendra
(Querist) 22 February 2017
This query is : Resolved
respected lawyers,
i am accuced 1 in 498a case "cc430/09 in Additional Junior Civil Judge, Addanki, andhra Pradesh."
sineario:
pw1 has stated i had traveled from chennai to her maternal home on 13/1/2009 and threatned her & her father for aditional dowry
i have summoned attendance register from the college where i was working in my defence,(i am no longer working there)
attendance has my initals on said date,
procetution during cross of DW1 asked a leading question that the initals of said date differ from my other initals, for which DW1 answered " it seems so, but he is not sure"
to support my evidence i obtained court certified copies of attendance sheets and obtained expert opnion from truth labs chennai that "the initals of the said date agree consistantly with other accepted initals"
now APP is objecting to accepting as evidence the expert opnion submited by me
i am requesting to you learned experts for your esteemed Counsel in the following queries
1) can APP object to defence filing evidence
if yes to what extent
if no how can i object her interferences (under which clause)
2) can private expert opnion be accepted atleast as secondary evidence (APP's main objection is that expert opnion is from private person & not gov forensic labs.)
if yes is there any supreme court judjements which have used private expert opnion. kindly help
3)i belive there is a supreme court judgement that stressed " all evidence has to be accepted & if they are irrelevent they may not be used while passing judgement" i saw the judgement while browsing net few years ago, now i am not able to locate it despite my earnest effort, kindly help me with any link for such citations
4) under which claused can i plead my need to add my evidence into the list
thanking you for your valuble advise
upendra
Upendra
(Querist) 22 February 2017
sorry that the query is long,
i am appearing as my own council,and i have engaged a junior council to represent my father and mother, he is helping me aswell with the formats and filings,
but i have to comeup with the contents of the applications, kindly help me on how to proceede
judge asked me to submit my arguements on 02/03/17,
I have pleaded to accept the document under sec 45 of IEA.
if there is hope i will prepare arguement for praying the court to accepting the evidence of expert opnion atleast as secondary evidende (primary being DW1 & attendance register already submited), else i am thinking on applying petition for getting my initals verified by a govt Forensic labs at their desposal,
just an added question "even after going throughly through IEA, to my learning i didn not see any mention about gov. experts anywhere"
Madhava Rao Gorrepati
(Expert) 24 February 2017
did DW1 state that you worked on the disputed date? there can be some variation in the signature or initial. That variation is natural. If there is large difference there is scope for doubt. But it appears you took the plea of alibi. Then it is your headache to discharge the burden. Being a lecturer you must have lectured on the disputed day. No colleagues to testify? No students to say that you lectured on a particular lesson?
Expert is expert. as you said rightly there is no difference between expert in the employ of Govt and the one who does private practice. Truth Labs is one of the reputed labs in India. you can call the expert as DW2. If you want the Court summons him. even if the APP objects the Court grants your Application. In addition to the expert you examine one of your colleagues or students who attended your class on the disputed day. if he has the habit of taking notes of every lecture that would be very powerful piece of evidence.
Upendra
(Querist) 24 February 2017
DW1 is a clerk working in the office,
he stated
1) signature means that he has worked on that date
2) he has not personally seen me signing the register (he only maintains the register)
3) when asked a leading question that the initals on the said date seem different to other initals on the other date he answered " it seems so, but since he is not a handwriting expert he is not sure"
further,
since the said date 13/1/2009 is verry old, i cannot expect the staff/students to remember the incidents that long, & also that would be willing/happy to make a journey this long to appear for appearing for a staff who have resigned since 2010 (7 years ago)
thanks Madhava Rao,
for your view
can i try presenting an arguement trying to emphasis that an Expert is a expert. and there is no difference between expert in the employ of Govt and the one who does private practice and hence accept the opnion as evidence
