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Surya R (business)     21 July 2025

Marking of documents

my mother is defact compliant PW1 in criminal case agaisnt vendor who sold and shown land at other location and she is illetrate and I her son is PW2.

PW1 witness completed PW2 further cross pending.PW1 and PW2 had filed documents received under RTI proving case.

query: Can PW2 identify and mark docouments or need to be reopen and recalled PW1 to identify and mark douments since PW1 is illetrate and she not evn knoe what is RTI



 8 Replies

P. Venu (Advocate)     21 July 2025

Admittedly, the case has been taken cognisance on police complaint. As such, it is the public prosecutors discretion in getting the documents marked. The witnesses, to my knowledge, can have only a limited role.

Advocate Bhartesh goyal (advocate)     21 July 2025

Actually in yourcase documents should have been  marked by aggrieved person/complainant but at the time of her evidence documents were not on record and obtained through RTI and filed later on.If the documents are relevant and essential for just decision of case then  complainant has to seek permission from court to mark exhibits on documents .

R.K Nanda (Advocate)     21 July 2025

Only complainant can exhibit documents with the permission of court. 

T. Kalaiselvan, Advocate (Advocate)     21 July 2025

In a criminal case, PW1 (Prosecution Witness 1) can mark additional documents, but it is subject to the discretion of the court and the rules of evidence.

If PW1's evidence and cross-examination are completed, the court may allow the marking of additional documents under certain circumstances, such as if they are relevant to the case, were not previously available, or were inadvertently omitted. 

The court will then decide whether to allow the marking of the documents, considering factors like relevance, necessity, and potential prejudice to the other party. 

P. Venu (Advocate)     21 July 2025

Has the de-facto complainant engaged her own advocate? What is the opinion of the prosecutor in getting the documents marked?

Surya R (business)     22 July 2025

thaks for yor reply sir.but PW1 is illetrate and she cant speak on documents and PW2 had got from government through RTI.in this case what to do

Advocate Bhartesh goyal (advocate)     22 July 2025

Even PW2 can mark exhibits on documents if documents have relevancy with case and essential for just and proper decision of case.

N.K.Assumi (Advocate)     23 July 2025

The roots of the case lies in RTI, so if the statements of PW2 is noy sufficient, the Court should examine the author of RTI documents in the interest of justice. The Court has power to examine any witness at any stage. 


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