Examination of Police by Accused during trail
Ranganath
(Querist) 17 January 2010
This query is : Resolved
Ld counsels,
In a criminal case instituted through police report, is it possible for accused to file objection before the criminal court before even examining the complainant to prove that the case is instituted by fraud by police.
In the case the charges are framed, now is the time to examine the complainant. Is it possible to file objection and seek for examination and cross examination of polcie in order to prove fraud.
If not when will such oppurtunity will be permitted.
Please clarify
Thanks.
Raj Kumar Makkad
(Expert) 17 January 2010
No. there is no opportunity available at the given time but the accused can prove all this while his statements are recorded and he is given a chance to lead any evidence, in support of his defence.
adv. rajeev ( rajoo )
(Expert) 18 January 2010
You cannot file objections in criminal cases. You can cross examine the accused and other wittnesses. You can also lead your evidence to prove your innocence. If fraudly case is filed against you then why don't you file a counter case against the complainats who filed a criminal case against you.
B K Raghavendra Rao
(Expert) 18 January 2010
It is possible. Argument Before Charge (ABC) gives an opportunity for the accused to put forth his case even before charge is framed.
After the charge is framed, the Accused has always an opportunity to cross-examine prosecution witnesses including police.
Lastly, the Accused has all the opportunities to prove his innocence during his examination and cross-examination after the prosecution side close their examination.
Sukhija
(Expert) 21 January 2010
I agree with experts.
