Initial IO transfered - second IO - exhibit documents - queries
Advocate Vasundhara
(Querist) 14 July 2011
This query is : Resolved
In a criminal case of my client, First IO investigated the entire case, collected all the evidences, recorded witness statements etc. Then he got transfered and now retired. Now he is settled in USA. In the meantime second IO took over the case and just filed the Final Chargesheet in court.
The first IO never ever came to court for chief examination. So the second IO deposed in court and gave evidence. He exhibited all the evidences, which were actually procured and investigated by first IO.
I did not object, when it was exhibited and marked. Now the case is at stage of cross examination of the second IO.
Sir/Madam, My question is
1. How can the second IO, who never know anything about the evidences collected by first IO, depose before judge and give evidence about them?
2. In cross examination of the second IO, How can I ask specific questions about those evidences to him?
Also: What should I do?
1. File objection petition now, ie before the cross examination of second IO.
2. File objection petition during the cross examination of the second IO.
3. Dont file objection petition, just bring the issue during the cross exam of the second IO and prove it to judge that the second IO should not have exhibited the documents not collected by him. And request the judge to de-exhibit those documents.
4. Or just go ahead as usual, and in the final defense argument, raise this issue and ask for aquittal of my client because it is a mistrail?
Ravikant Soni
(Expert) 14 July 2011
What kind of documents are rival and subject to the issue??
but the settled law is --
Mere exhibition of a document does not dispense with the proof of it's contents.
