Evidentiary value of doc files u/s 313 crpc
Prakash
(Querist) 14 July 2014
This query is : Resolved
Ld counsels,
Accused marked certified copies of orders of the various court indicating the character of witness and his dire need for money under section 313 of CrpC.
Since those are public documents can it be said that in absence of objections from prosecution the documents marked u/s 313 are proved to the extent that the orders are passed against the witness and the surrounding circumstances of witness's need for money is also established.
Also if the witness has denied the bail order obtained in the criminal case against him will his testimony stand impeached.
Please clarify Thanks.
R Trivedi
(Expert) 14 July 2014
You should have confronted during cross examination.
Even now please move an application under S.311 of recalling him for further cross examination, you may have to explain the circumstances regarding this belated request. Contact your lawyer. documents filed under S.313 CrPC is not evidence, of any nature. If judge refuses then depending on your case, please move an application to put forward these document as defense documents.