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rajvinder singh
(Querist) 05 April 2012
This query is : Resolved
can documents be tendered by accused when date is fixed for defence evidence without getting himself examined under section 315 crpc as only documentary evidence
Raj Kumar Makkad
(Expert) 05 April 2012
Only documents also be tendered and those can be got exhibited if are duly proved. If the accused do not come present for his cross-examination, he cannot be forced to do so. It is his right to chose how to defend his case.
rajvinder singh
(Querist) 05 April 2012
sir ok g it means only documents can be tendered without his examination under section 315 crpc.and in that case he cannot be crooss examined and then case will be fixed for arguments
Shonee Kapoor
(Expert) 06 April 2012
Yes.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
SAINATH DEVALLA
(Expert) 06 April 2012
Dear Mr.Rajvinder,
Any person accused of an offence before a Criminal Court shall be a competent witness for the defence and may give evidence on oath in disproof of the charges made against him or any person charged together with him at the same trial.
Provided that-
(a) He shall not be called as a witness except on his own request in writing;
(b) His failure to give evidence shall not be made the subject of any comment by any of the parties or the court or give rise to any presumption against himself or any person charged together with him at the same trial.
(2) Any person against whom proceeding are instituted in any Criminal Court under section 98, or section 107, or section 108, or section 109, or section 110, or under Chapter IX or under Part B, Part C or Part D of Chapter X, may offer himself as a witness in such proceedings:
Provided that in proceedings under section 108, section 109 or section 110, the failure of such person to give evidence shall not be made the subject or any comment by any of the parties or the court or give rise to any presumption against him or any other person proceeded against together with him at the same inquiry
DEFENSE ADVOCATE.-firmaction@g
(Expert) 06 April 2012
Game of defense is maze of tactics to trap the opponent.
If the accused had documents which go against the case of complainant or create doubts , the defense must submit it before the cross and confront the complainant with those documents.
SO YOU CAN GET ADMISSION WHICH WILL BE RECORDED IN DEPOSITION.
After cross of complainant is over and even accused submit documents which will be taken on record but will not give much weight in arguments.
Deepak Nair
(Expert) 06 April 2012
Sufficiently discussed and advised. Nothing left to add.
V R SHROFF
(Expert) 06 April 2012
PRODUCE DOCUMENTS on behalf of accused.
In fact, examine accused, get doc exhibited, make few statements that cut of compl cheif.
If lucky, get good defence.
eg
1] Not residing at address of notice
2] cheque not delivered to compl thpough written, as unpaid
3] not my sign (if differ from VP )
4] I never meet compl.
Anything that compl missed in his cheif, you can jump on it.
Anything that comp proved, you try disprove it.
Your Defense Adv have to use his imagination, and fill up, lacuna, put in proper slot, to win.
