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Frank   17 April 2018

Can the court take into consideration document not marked as exhibit

Dear Experts, In an incident involving crime against woman the victim shouted and identified the accused as a man wearing RED COLOR SHIRT. He was caught by public on the spot and handed over to police and arrested. He remained in the custody of Police for few days. There was no occasion for the accused to leave the custody of Police from the time of his arrest till he was released on bail. He was convicted by the trial court and so he preferred an appeal. Appeal court acquitted him by referring to a document called “ARREST INTERROGATION AND CHEHARA PATTI”. On the 1st page, front face and side face of the accused is affixed. On this sheet of paper the accused is seen wearing YELLOW COLOR T-SHIRT. The appeal court observed that since he had no occasion to leave the custody of Police there was no opportunity for him to change cloths. The Police probably caught a wrong person and therefore benefit of doubt was given. This document is not marked as Exhibit nor was any suggestion made during the cross to either the IO or the complainant regarding the color and type of cloth. Can such document be relied upon by the court to acquit him? (It is very likely that he could be wearing the t-shirt inside his shirt and at the time of taking photograph he could have simply removed the shirt for one or the other reasons.)


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