(A) Can Carbon Copy of Document in Court be exhibited as (1) Primary Evidence (2) Secondary Evidence.
Accused nor his Advocate objected it to be taken as primary evidence during Exhibiting.
In case AIR 1989 SCC 702 (Prithi Chand v. State of Himachal Pradesh) it was held
"since one carbon copy was made by one uniform process the same was primary evidence within the meaning of explanation 2 to Section 62 of the Evidence Act"
But in my case At the end of trial it was found that Original of this document was there and Prosecution did not procure the same and bought to court..
Question: Where do I stand now during 314 CRPC.
(B) Identification Parade: No witness to prove IP. Magistrate, Punch nor witness gave testimony / witness / Statment in court. Only Investigating Officer gave it during his Cheif and Judge Accepted the report under 291 - A CRPC.
Question: Can this Report be read under section 291 - A CRPC.
