Carbon copy of statement of PW as Evidence

Om Prakash Dhusia (Querist) 20 December 2010 This query is : Resolved
Dear Sir, someone suggested that ofcourse judge can use the carbon copy statement of PW for conviction of the accused,whereas the original found missing and its whereabouts are not known so far.Then what does section 65 of Indian Evidence Act 1872 stand for? Is this act only for the general public and not for the judges who are duty bound to safeguard the society for any wrongdoings but they themselves are allowed to forgo those acts and commit blunders?
Kindly shed light on this.

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adv. rajeev ( rajoo ) (Expert) 20 December 2010
Carbon copy cannot be considered for the conviction of the accused. Sec 65 is regarding secondary evidence. Itz related to the documents when original not avialable, but not related to the statements. Here it is regarding carbon copy of the PW statement. One thing I want to clarify you that there will not be a carbon copy of the statement in the court records, the carbon copy (only one) will be supplied to the APP/PP, if it is lost court is liable. It is good case for the accused.

s.subramanian (Expert) 20 December 2010
As you point out,it is blunderous on the part of the court to have lost the original. Such a loss cannot be taken lightly and treated in a lighter vein. As Mr.rajoo says it is a point in favour of the accused.

PJANARDHANA REDDY (Expert) 20 December 2010
IF BOTH PARTIES HAVE NO OBJECTION ON CERTIFIED CC, THE PROCEEDINGS CAN CONTINUE.OR ELSE IT GOES TO THE FAVOR OF ACCUSED.

Om Prakash Dhusia (Querist) 20 December 2010
Reddy sir you did not get my point correctly, we 5 accused have been convicted on 30-10-2010 and sentenced to 7 Years RI with 3000/each as fine and undergo 1 year addition in default and we are on bail pending appeal at HHC Lucknow.The judge is so stubburn that he considers himself above the law.