Raj.K (Manager) 12 July 2012

498a discharge, case documents, contrary evidences

Hi,

For false 498a criminal case filed to chagesheet...only chargsheet copy and part2 case diary copy are only given when petition is filed for certified copies.

This is false and malicious prosection and every allegation is fact and evidences available contrary not recorded by IO for demands not met! Chargesheet says 'NO MATERIALS RELIED UPON' and only WITNESS STATEMENT OF DIRECT BLOOD RELATION of complainant in part2 case diary.

No free copy of case documents given to accused before trial start.

1) How can accused get all the documents relevant to case (investigation details, any false evidence details if any recorded by IO, etc). Is it only through RTI to police?

2) How relevant are witness statement of DIRECT BLOOD RELATION supporting/repeating the false allegation of alleged incidents (fact never) happened in different state where complainant and accused lived alone together?

3) If above witness statements acceptable and relevant in court for trial - then can accused also get 100 witness repeating same counter statement of accused and so accused wins due to majority:)!!!

4) If not relavant, what is the remedy available to accused to straight away ask trial court to discharge/acquit the accused without any further trial proceedings? What is the fast way to get a case closed when accused holds all undisputable evidences contrary to case in trial court itself?

Thanks

Raj

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Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 12 July 2012

As per S.207/208 - Accused is entitled to the documents filed against him in chargesheet when the court takes cognizance. He is though not entitled to inner case diary as per the mandate of S.172 CrPC. Such case diary can only be procured when at the trial the IO while deposing refreshes his memory from his case diary or when court puts across questions to the IO on the basis of case diary. Otherwise accused has no right to get the same.

As regards testimony of related witnesses, there is no straitjacket rule - that when a a witness is related - his testimony has to be thrown out. Normally in such cases courts believe that relatives are the only natural witnesses. However how sustainable their testimony is depends on the fact they are deposing on, their overall demenaour/conduct etc. Court has to appraise after cross whether their testimony inspires confidence.

As regards defence witnesses - accused can also lead defence testimony via his relatives, and defence witnesses are entitled to the same credence as prosecution witnesses (though in practice courts rarely believe this), and there is no majority rule - evidence is not a quantitative test - but a qualitative one, one never wins by majority, it is not the pluraility of witnesses that is important but their testimonial worth and credibility.

Accused's evidence is to be led in due course, at teh stage of discharge accused has no right to lead evidence or produce documents. However if the case is palpably false High Court can be approached u/s 482 where it can see unimpeachable documents and quash.