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Jaimit   07 June 2023

Exhibiting a document receiving copy

Hello experts, need your guidance on the below situation:

A formal witness appeared in a criminal case on behalf of the defence to prove a copy of the letter that was sent to him by the defence & he replied to that letter. Defence had originally submitted the letter to a government agency who routed the letter to the right person & the defence has the receiving copy of the letter stamped by the government agency. Defence submitted this receiving copy in court & called the formal witness to prove the letter & his reply. The witness identified the copy of the letter. The letter copy which was shown to the witness is a receiving copy stamped by the official - receiving copy is a xerox copy of the original letter submitted to the government agency bearing the original stamp of the agency.

At the time of witness examination, the court directed to exhibit the letter (Xerox copy of the original letter & bearing the original stamp of the government agency) & the witness was discharged. However, later at the time of marking the document, the court is saying that its a xerox copy so can't be exhibited. On drawing the attention to the stamp of the government agency, the court says that it would mark the stamp but not the document.

- What's the impact of the court exhibiting the stamp & not the document?

- Is there any ruling / judgement which says that if the witness who has received the letter, verifies the xerox copy (receiving copy bearing govt. stamp), the same can be exhibited ?

Thanks in advance,

- Jaimit


 3 Replies

T. Kalaiselvan, Advocate (Advocate)     07 June 2023

The court should have rejected the entire document instead of admitting the stamp of government alone to be marked as exhibit.

The witness having admitted the document, though it was a photocopy, the court can proceed with marking the document as exhibit.

If you consider it as a vital evidence, you can file a revision before high court to permit you to mark this as an exhibit on the defence side.

Dr. J C Vashista (Advocate and Legal Consultant)     08 June 2023

Once the document is exhibited (original or photocopy) by a witness it can not be denied by the Court and shall have to be admitted, if it is not objected by opposing party.

Jaimit   08 June 2023

Thanks for your response  Kalaiselvan ji & Vashista ji.

But court is saying that as per section 65, xerox copies can't be exhibited. question is that is court correct in considering the stamped receiving copy as a xerox copy & not marking it even when the witness has verified it ? Is there a relevant ruling / judgement that I can use to support my point. ?


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