Prosecution evidance


In a state case FIR, the case is that a person was found to be distributing panphlets and when stopped to do so by the complainant the accused beated him up. The police filed FIR with sections 324, 452,504.506(2) and thereby filed the chargesheet. Charges were framed and trial started and the complainant has been crossed. Now at this belated stage the Public prosecutar under pressure from complainant obviously filed one application that he wants to bring on record the said pamphlet which was being distributed by the accused. The said pamphltet was never seized by the police at the time of filing FIR or even in the panchnama or even during the chargesheet which shows recovery of evidance.

Can at this belated stage and after a matter of 7 years from the filing of the FIR such a piece of evidance can be submitted in the court directly without any police investigation and what is the procedure of capturing, seizing and producing the evidance by the police/complainant. l

 

 
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LEGAL CONSULTANT

If the said pamplet is a valid evidence for the proceedings it can be submitted as additional evidence at any stage of the case.The court may direct the IO to ascertain the validity and authenticity of the evidence.

 
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Advocate

You can object. But even otherwise, the pamphlet needs to be duly proved and marked   just as ny other evidence.

 
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the said pamphlet was being distributed and many people got it. However when the panchnama happened and the chargesheet prepared no recovery was done on the spot and neither at the time of preparation of chargesheet. After 7 years can such an evidance b brought in picture, anything can be manufactured as an after thought...why was something which was so easily and readily available not recovered and recorded...and the lapse of 7 years no reasons explained....and that too after the complainant cross is over....what is the consequence of it?

 
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the said pamphlet was being distributed and many people got it. However when the panchnama happened and the chargesheet prepared no recovery was done on the spot and neither at the time of preparation of chargesheet. After 7 years can such an evidance b brought in picture, anything can be manufactured as an after thought...why was something which was so easily and readily available not recovered and recorded...and the lapse of 7 years no reasons explained....and that too after the complainant cross is over....what is the consequence of it?

 
Reply   
 
Advocate

You can object. But even otherwise, the pamphlet needs to be duly proved and marked   just as ny other evidence.

 
Reply   
 

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