evidences[exhbiits] can be manipulated by IO/SHO or by 498aF
Anantha Sowrya
(Querist) 12 July 2011
This query is : Resolved
Dear Members,
I had filed RTI for all the allegations[cruelty/dowry] i.e. the evidences[Exhibits] given by the 498acomplainant.
I got reply that there are nil exhbits give by the complainant for her claims made.
Query:
a)if any exhbits not given by the 498acomplainant at the time of the complaint,
are there any chance that IO/SHO can collect any exhibits before or after filing chargesheet?
b)If any exhibits collected before or after filing chargesheet, it has to be mentioned in chargesheet or enclosed with chargesheet?
c)After chargesheet submitted to court, the IO/SHO have any chances to
mention exhibits in chargesheet or enclose exhibits with chargesheet, if so, he needs any permission?
d)Or the 498acomplainant can produce any exhbits about her allegations @ time of the trial. if so, is it acccepted by the Court[is it a correct process in law]
Please enlighten me.
praashok@gmail.com
(Expert) 12 July 2011
I know for certain that the Supreme Court has in the last few years ruled that evidence produced after an inordinate delay should be regarded as suspicious and not admissible-which certainly seems to be the case here as the IO is under obligation to produce all the evidence he has and relies upon in the charge sheet filed.If he did not do so,the evidence produced after filing the charge sheet would be automatically suspicious.Unfortunately I am myself unable at present to lay my hands on the referred judgement and in fact if you or any other do have that reference,I would be glad and grateful to be apprised.A very old case-Ramlal Narang does make a point that the IO cannot launch another investigation after filing the charge sheet or during the trial but I guess that is slightly different.
Anantha Sowrya
(Querist) 13 July 2011
Dear Ashok,
Fyi old IO/SHO transferred.
While fighting through RTI for exhibits with the new PIO[IO/SHO], he called me personally and told not to file any more RTI's and said that i am @liberty to take an information @ any time from the PS.
Further he said that 498aF&gang did not produce any evidences/exhibits except 2marriage photos and PIO also added that photos were not mentioned in the Chargesheet and not produced in the court along with Chargesheet.
Any advices furhter by all
