Reg Exhibit documents in court
Advocate Vasundhara
(Querist) 09 July 2011
This query is : Resolved
Sir/Madam,
I am advocate practicing for last 3 months. My senior died unexpectedly, so some of his cases have come to me. Sir, I am now handling a case: Details are as:
1.case booked u/s 338 in 1999.
2.Case status - Evidence
3.Total 12 Witnesses. Witness 1 is the complainant, w2 is also complainant, w3-w7 are persons who saw the accident, w8 is doctor, w9 is some expert witness, w10 is constable, w11 is IO who conducted investigation, w12 is IO who filed chargesheet.
4. Out of 12 witnesses, only w12, w10 and w8 came for court to give evidence. All other witnesses including complainants did not come to court inspite of repeated summons.
5. Case is now posted for cross-examination of w12, w10 and w8 in next month.
w11 is the IO who conducted the entire investigation, retrieved evidence, collected witness statements etc. wll retired and settled in USA now. He will never again come to court now. So now W12 ( the IO who just filed chargesheet) came to court and gave witness and marked the exhibits.
My question is, how w12 who never conducted investigation or collected documents, can give evidence about the case details?
How can w12, mark the exhibits in court?
SAANJAAY GUPTAA
(Expert) 10 July 2011
I.O. of the case can mark d documents as FIR and other documents prepared and or collected by him during investigation, this is 12 year old case and it may presume that the rest of the witnesses may not come to depose before the learned court so in cross examination of the I.O. take deniels/suggestions.
