498a & 406
Querist :
Anonymous
(Querist) 08 April 2018
This query is : Resolved
Respected Experts,
In 498A & 406 prosecution evidence stands closed.
I was called for defense, I submitted some documents in defense, prosecution filed objections to these documents on the following grounds.
1) Evidence by the accused the documents doesn't satisfy the criteria of being legally termed as evidence.
Documents to be admissible must necessary be relevant.The documents doesn't relate to fact in issue. Documents doesn't even relate to the charges framed against accused.
2) Submitting irrelevant documents at this stage of trial is an attempt to prolong the trail by accused.
3) Even for sake of argument and presuming the documents to relevant, still they can't be allowed to be admitted as evidence, such exercise will have a tendency of reopening the evidence.The admissibility of these irrelevant documents will prolong the trial and each such documents are to be proved or disproved and persons related are to be summoned as witnesses, which surly would be time consuming & prolong the trial.
Need an advise can prosecution file such objections.
Need expert advise about the admissibility of these documents as some documents are the certified copy of statements of PW in others Hon'ble Court .
P. Venu
(Expert) 09 April 2018
Are you the accused? Have you produced the documents or sought production of documents? Is it a case of reopening the evidence? Had you or have you appeared as your own witness?
Querist :
Anonymous
(Querist) 11 April 2018
Sir
I am accused. I have submitted the documents of marriage of the lady who claims to be my wife even though she has gone for 2nd marriage. I too have gone for second marriage, but she was all along claiming to be my wife, even though I have divorced her 2 years before the FIR for 498A & 406. I have not appeared a defense witness
Guest
(Expert) 11 April 2018
Was your divorce accepted by issue of a court order?
Querist :
Anonymous
(Querist) 11 April 2018
I have divorced under Muslim Personal Law.
P. Venu
(Expert) 11 April 2018
What do you mean by I was called in 'defense'? If it is that you were called under the provisions of 313 CrPC, there is no question of allowing, admitting or marking any documents.
Guest
(Expert) 11 April 2018
It seems you are hiding something very vital from your description.
However, what is the opinion of your own lawyer in the case?
Querist :
Anonymous
(Querist) 12 April 2018
Sir,
There is nothing to hide.
Facts of the case is, After prosecution evidence was closed. I was put to Crpc 313 by Hon'ble Court. Wherein I answered all the allegations raised by prosecution. After that I submitted the list of defense witness who deposed their statement in Court and were cross examined by Prosecution. After that I submitted some documents to the Hon'ble Court through my counsel , to which prosecution filed objections which are enunciated above in main query. Hon'ble Court after submission of objections from prosecution put it for arguments in view of objection filed by prosecution for the admissibility of the documents submitted by me.
Kumar Doab
(Expert) 15 April 2018
Pls post with your ID and not as AQ and you can get many replies.
Your ID does not mean your email id or phone number and don’t post these also.
