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Nitin Buchda   20 October 2017

When a evidence can be submitted

Hello all Respected Lawyers I have a criminal case which is under trial, as i am accused i have so many evidences in my defense. i have various e-mails, whatsapp messages, video recordings, audio recording to defend my case. i want to ask on what stage of trial i can submit my evidences. as some lawyers are saying it is of no use and some says it will help later when defense evidence stage come and one-two also says it can be submitted at any time of the trial please suggest your best opinion for this. as now only one hearing of Prosecution evidence took place.


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 3 Replies

manoj   20 October 2017

during the complainant evidence you advocate can ask the witness and if he admits you can mark the document. if he is not admitting the document the accused is having an opportunity to step into the witness box and to give evidence. The accused can mark the documents in his evidence. But for marking the Video and Audios there is a procedure to be followed.

manoj

advocate

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Nitish Banka (lawyer)     20 October 2017

You can confront at time of PE during cross examination and lead evidence at time of defence evidence stage.

R Trivedi (advocate.dma@gmail.com)     20 October 2017

1. Read the evidence of prosecution witness carefully and if you have any documents or evidence then confront during his / her cross examination with such documents. Your advocate will get any such relevant document marked. But if denied the same needs to be proved during your defence stage. 2. After all the prosecution witness are cross examined your examination under S.313 CrPc will take place, you can submit the written statement/answer under S.313 CrPC, highlight these evidences in such statements. 3. After S.313, you can bring in your witness and can get these/relevant to such witness evidences on record. 4. You can also apply under S.315 CrPC to be a witness. You can exhibit any such evidence. #4 can be dangerous as once you become witness then prosecution will surely cross examine you, so be careful.

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