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Dia (student)     08 September 2014

Documents not proved as eveidence

Suppose the accused has exhibited several documents in his defense during the cross examination of the complainant. 

- the docuemnts are like letters addressed to police station, bank etc but without any stampof bank or police

- if all these are xerox copies

- he has not even called any one to prove these documents like the police or bank officials

- accused has not entered the box as witness

Will these documents be considered to be proven? will they be read in evidence.?

On behalf of complainant is there any judgement?

Also since complainant did not realise that they were xerox copies at that time he did not object.

Now judgement is passed and accused convicted and matter is gone for appeal.

Thanks



Learning

 1 Replies

Hardeep (Business)     09 September 2014

Look at S. 65 Indian Evidence Act and CPC Order XLI Rule 31. Appellate court is required to reassess evidence.

Case : H. Siddiqui v A. Ramalingam ( 2011)

 

DISCLAIMER : General information and advice provided is without any warranties as to suitability for any use, correctness and application to any specific case. Please always take proper legal counsel . However, if it helped anyone even a little a " thanks" would be appreciated and would encourage me to keep on making efforts :-) . I am also always open to corrections and further learnings from more experienced Seniors here.


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