Exhibiting inadmissible documents
Querist :
Anonymous
(Querist) 09 August 2010
This query is : Resolved
Pre charge evidence in complaint case under Sec 200 CrPC. Accused is appearing in person. Complainant/witness during cross examination jumping out of the context to the asked question has filed fresh documents. No application to submit these documents had been made by him and neither the copy supplied to the accused. There has also been no reference of these documents in compliant or even during cross-examination. Although the accused in this case, has objected to inclusion of these documents at this stage in this manner, the judge has not written 'objected-to' while admiting these documents. Judge has further exhibited these documents while they ought to be inadmissible.
What are the remedies/options open to the accused.
s.subramanian
(Expert) 09 August 2010
it is a serious matter. you say your objection has not been recordered by the court. how are you going to prove that you made your objections. you must have put in a memorandum of objections relating to the documents. However,you apply for the docket ordr and file arevision before the seesions court or high court under Se.397 of Cr.P.C.